For most people, buying or selling a home is the single largest financial transaction they’ll ever make. A real estate attorney can help the process go off without a hitch. While some states require lawyers to finalize a deal, Virginia, Maryland, and Washington, D.C. do not. Still, it’s worth understanding when their expertise is truly needed.

The necessity of an attorney varies greatly by location:

• Attorney States: In these jurisdictions, buyers and sellers each engage an attorney who is responsible for drafting and amending the contract for sale.
• Our Local Area (VA, MD, D.C.): Lawyers are not required. Real estate agents draft the contract using board-approved forms, and a title company or settlement attorney conducts the closing, representing the transaction itself, not the specific buyer or seller.

How do you go about hiring a real estate agent? Read our post about how to hire a real estate agent to sell your home.

When You Might Need a Real Estate Attorney

Attorneys and agents operate as fiduciaries, meaning they are legally bound to work in their clients’ best interest, but their expertise serves different functions. You should engage a real estate attorney when the transaction involves legal complexity or disputes:

1. Boundary Disputes: If property lines are contested or unclear.
2. Zoning Issues: When you’re seeking to rezone, subdivide, or change permitted land use.
3. Title Problems: If there are liens, easements, or ownership disputes.
4. Contract Disputes: When a purchase agreement, lease, or construction contract is in conflict.
5. Commercial Transactions: For drafting or negotiating complex contracts or handling business entity purchases.
6. Foreclosures or Short Sales: To protect your rights and ensure compliance with local laws.
7. New Construction: Reviewing builder contracts and warranties.
8. Estate/Inheritance Property Sales: When multiple heirs or trusts are involved.

It’s important to protect yourself throughout any real estate transaction. Here are a few more posts you might find helpful if you are buying or selling: 

• Should You Listen to Your Friends When it Comes to Real Estate 
• What is Real Estate Fraud and How Do I Prevent It?
• How Does Capital Gains Tax Work in the US?

When You Might Need a Real Estate Agent

An agent’s expertise lies in preparing the property for the market, negotiating the best deal, and managing the complex transaction process. You need a real estate agent when:

1. Preparing Your Home for Sale: Staging, pricing strategy, and marketing.
2. Connecting Buyers and Sellers: Leveraging MLS, professional networks, and open houses.
3. Negotiating Offers: Getting the best price and terms for clients.
4. Managing Transactions: Coordinating inspections, appraisals, and deadlines.
5. Local Market Expertise: Advising on neighborhood values and trends.

How much does a real estate attorney cost?

Attorney fees can vary wildly, depending on the region, the complexity of the transaction, and if there are any complications. In a big city such as Washington, D.C., you’ll pay between $150 and $400+ per hour, or a flat transaction fee of from a few hundred to a couple thousand dollars. Buyers and sellers generally pay their own legal fees, unless it’s spelled out otherwise in the contract.

Curious about other costs associated with homeownership? Read these posts next: 

• Unexpected Costs in Real Estate
• Closing Costs When Buying a Home
• The Hidden Costs of Homeownership

In short, whether or not it makes sense, or is required, to engage an attorney in a real estate transaction varies greatly. Always speak to your real estate agent for recommendations on great attorneys you would like to consult!

Ready to Navigate Your Sale or Purchase with Confidence?

If you are thinking about selling or buying this year, we are happy to talk through what this news could mean for your pricing, timing, and strategy. Every situation is unique, and a short call can make the path forward much clearer.

Get in touch by filling out the form below or reaching out by phone or email.

Sue Goodhart | sue@thegoodhartgroup.com | 703-362-3221

Allison Goodhart DuShuttle | allison@thegoodhartgroup.com | 703-266-7277

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