Not sure if you need a closing attorney? It depends on where you are, what kind of deal you’re making, and how much legal risk you want to avoid.
According to Zippia, there are over 7,100 real estate attorneys currently working across the U.S. and for good reason. Closing attorneys play a critical role in protecting your investment during a real estate transaction.
At KEW Legal®, we give clients straight answers and practical legal guidance that saves time and avoids costly mistakes.
Key Takeaways
- A closing attorney handles the legal side of real estate deals, from title checks to final paperwork.
- You may need one if your state requires it or if the deal is complicated or high-risk.
- Attorneys offer legal protection that title companies can’t provide.
- Hiring one can save time, prevent mistakes, and protect your investment.
What Is a Closing Attorney?
A closing attorney is a lawyer who manages the legal side of a real estate deal. They check the title, prepare documents, catch legal issues, transfer funds, and record the deed after closing.
Closing Attorney vs. Title Company
A title company handles paperwork and insurance but can’t give legal advice. A closing attorney can. They draft and explain legal documents, represent either buyer or seller, and step in if something goes wrong.
In states like Georgia, South Carolina, and Massachusetts, you must use a closing attorney by law. In Florida, it’s not required, but many buyers and sellers still hire one for peace of mind and legal protection, especially in complicated deals or cash sales.
When Do You Need a Closing Attorney?
You need a closing attorney when legal risks are high, state law requires it, or the deal is complicated. Here are the most common situations:
- You’re buying or selling a home or a commercial property in a state where it’s mandatory (like Georgia or South Carolina).
- The property has liens, title issues, or past disputes.
- It’s a cash sale without lender protections.
- You’re buying FSBO (For Sale By Owner) without an agent.
- You want a lawyer to review or explain the contract.
- There’s disagreement between parties or negotiation involved.
What are The Responsibilities of a Closing Attorney?
A closing attorney’s job starts before the closing day and continues even after the deal is done. Here’s how they help at each stage:
Before Closing
- Review the purchase agreement
- Run a title search to check for liens or ownership issues
- Order title insurance
- Fix legal problems that could delay or cancel the deal
- Coordinate with the lender, agent, and title company
During Closing
- Prepare and explain legal documents
- Make sure all signatures are correct and complete
- Manage money transfers, escrow, fees, and loan payoffs
- Confirm that closing disclosures match the final terms
After Closing
- Record the deed and mortgage with the county
- Send final paperwork to all parties
- Distribute leftover funds
- Close out the escrow account
Advantages of Hiring a Closing Attorney
Hiring a closing attorney adds legal protection and peace of mind. Here’s what you gain:
Legal Oversight Reduces Risk
They spot issues that title companies might miss, like zoning problems, unpaid liens, or vague contract terms, and fix them before they become expensive.
One Person Handles Everything
Instead of juggling agents, lenders, and title reps, the attorney coordinates the entire process, documents, money, filings, and communication.
Custom Advice for Your Deal
A closing attorney works for you. They explain what you’re signing, protect your interests, and help you avoid common pitfalls.
Protection in Complicated or High-Stakes Deals
If you’re buying investment property, dealing with probate, or handling a sale without an agent, legal backup matters.
Frequently Asked Questions
Q: Can I use my own attorney instead of the one the other party recommends?
Yes. In fact, you should. That way, the attorney is looking out for your best interests, not just closing the deal.
Q: How much does a closing attorney cost?
You can expect to pay between $500 and $3,000, depending on location and deal complexity.
Q: Can a closing attorney also handle title insurance?
Yes, in many states. They can order and issue title insurance just like a title company, often for the same cost.
Know You’ll Close With Confidence
If you’re facing a real estate deal and want to be sure everything is handled the right way, having a closing attorney in your corner can make all the difference. KEW Legal® brings clarity, speed, and real protection, without the runaround.
Need help with your closing? Reach out through our contact page and get straightforward legal guidance that fits your deal and your timeline.
