Buying or selling property comes with more moving parts than most people expect. In fact, about 5% of real estate contracts fall through before closing, according to the National Association of REALTORS®. Many of those deals collapse because of legal issues that could have been avoided with the right guidance.
Contracts, title checks, and disclosures need to be done right and on time. If anything feels unclear or off, it’s worth asking if you need a real estate attorney in your corner.
KEW Legal® helps clients with legal guidance that’s actually easy to understand. No fluff, no overcomplicating things, just practical advice that protects your interests and keeps the process moving. We work at the intersection of real estate and business law, so clients get answers that make sense for the full scope of their situation.
Key Takeaways
- A real estate attorney helps protect your legal and financial interests during property transactions.
- Legal issues, like unclear contracts, title problems, or complex ownership, are strong signals to get legal support.
- Even if not legally required, hiring an attorney adds peace of mind and can prevent costly mistakes.
What Does a Real Estate Attorney Do?
A real estate attorney can help with:
- Reviewing or drafting your purchase agreement
- Making sure the seller has legal ownership (aka clean title)
- Explaining confusing terms in plain English
- Catching red flags before you sign anything
- Representing you if a deal starts to go sideways
Even if you already have a real estate agent, there are limits to what they can do since they can’t give you legal advice. If something isn’t clear, or if it feels like there’s more risk than you’re comfortable with, having an attorney look things over gives you peace of mind.
Real Estate Attorney vs. Title Company: What’s the Difference?
A title company checks ownership history, makes sure the title is clean, and sells title insurance. They’re focused on protecting the lender and making sure the deal can legally go through.
However, title companies aren’t allowed to provide legal advice. This distinction matters, especially when you consider that, according to the American Land Title Association, 36% of real estate deals involve title problems, many of which require legal interpretation or negotiation.
A real estate attorney, on the other hand, works for you. They can review or draft contracts, resolve disputes, and make sure your rights are protected throughout the deal. If there’s a legal issue, like a problem with the deed, missing signatures, or confusing clauses, they’re the only ones qualified to fix it.
How Much Does a Real Estate Attorney Cost?
Hiring a real estate attorney usually costs between $750 and $1,250 in Florida for a standard home closing. That fee typically covers reviewing contracts, managing closing documents, and addressing any unexpected additional legal issues.
7 Situations Where You Need a Real Estate Attorney
Here are seven situations where you might need a real estate attorney.
1. The Seller Isn’t Using a Real Estate Agent
No agent means no built-in support on the other side. You might be handed a contract that’s missing key protections or, worse, favors the seller entirely. An attorney can spot holes and make sure your interests are covered before you sign anything.
“For Sale By Owner” (FSBO) deals often lack professionally drafted contracts and proper legal guidance, making them a key moment to bring in an attorney.
2. You’re Buying From Out of State
Every state has its own real estate laws. Some require an attorney at closing. Others don’t. If you’re buying in unfamiliar territory, a local attorney helps you handle deadlines, required disclosures, and documents you might not even know you need.
3. The Contract Feels Overwhelming
Even standard contracts are packed with legal terms and small print. If you’re reading it twice and still feel unsure, that’s a sign you could use a pro. Attorneys can explain what every clause means and negotiate terms that better protect you.
4. There’s a Problem With the Title or Property History
If the title search reveals unpaid taxes, an old mortgage, or a dispute over ownership, you’re dealing with legal landmines. A real estate attorney knows how to resolve title defects, clear liens, and make sure you’re not inheriting someone else’s mess.
5. Major Repairs or Renovations Are Involved
Buying a property that needs work? Or selling one with recent upgrades? Contracts involving repairs, inspections, or escrow holdbacks can get complicated fast. An attorney confirms all responsibilities are clearly laid out and enforceable.
6. The Property Is in a Trust, Divorce, or Inheritance
These sales come with added legal layers. If the seller doesn’t have full authority, or if multiple parties are involved, the deal can stall or fall apart without legal guidance. An attorney makes sure everyone with a legal stake signs off correctly.
7. You Just Want Peace of Mind
Sometimes it’s about confidence. Having a lawyer review your paperwork, explain the process, and stand by if something goes wrong offers peace of mind that’s hard to put a price on, especially when you’re making one of the biggest financial decisions of your life.
Signs You Might Be Taking a Legal Risk Without an Attorney
Some real estate deals look smooth on the surface but come with hidden risks underneath. If you’re relying only on your gut, or assuming your agent has everything covered, you might miss signs that legal help is a smart move.
Here are a few red flags to watch for:
- The seller can’t answer basic questions about the property’s history
- There are verbal agreements not written into the contract
- You’re told to “just sign” without having time to review
- The property has unusual zoning or was recently rezoned
- The seller is offering creative financing like rent-to-own or seller financing
- You feel pressure to waive your inspection or legal review period
When a Real Estate Attorney Is Legally Required
Only about seven states in the U.S. Connecticut, Delaware, Georgia, Massachusetts, New York, South Carolina, and West Virginia require a real estate attorney to be involved in the closing. In these states, attorneys often handle everything from contract review to the actual transfer of funds.
Florida doesn’t require an attorney by law. But that doesn’t mean you’re fully protected without one. Many Florida buyers still hire legal help to catch issues early, avoid delays, and make sure the deal is locked in correctly the first time.
What Questions Should You Ask Before Hiring a Real Estate Attorney?
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Not all real estate attorneys are the same. Some handle closings every day, while others focus more on litigation or commercial deals. Before you hire someone, it helps to ask the right questions up front so you know exactly who you’re working with and what they’ll do for you.
Here are a few smart questions to ask during your first call or consultation:
- Do you focus on real estate?
You want someone who handles closings regularly, not just a general practice lawyer. - Have you worked on deals like mine before?
If your purchase involves an estate sale, FSBO (for sale by owner), or out-of-state property, experience matters. - How do you charge, flat fee or hourly?
This helps you avoid surprise costs and know exactly what you’re paying for. - What’s included in your service?
Some attorneys only review contracts, while others help with negotiation, title issues, and closing. - How quickly can you review documents or respond to issues?
Real estate timelines move fast. You need someone who won’t leave you waiting when there’s a deadline.
Need Legal Backup? Let’s Talk
If something in your deal feels uncertain or you just want to make sure everything’s covered before you sign, KEW Legal® is here to help. We don’t over complicate or slow things down. We give you straight answers, fast, with your time and interests in mind.
When you’re ready to move forward with confidence, reach out through our contact page. We’ll walk you through what you need, explain what matters, and make sure your next move is legally sound and stress-free.
