Pick a Real Estate Attorney

Pick a Real Estate Attorney

February 03, 20254 min read

Why You Should Retain a Real Estate Attorney

As we continue the search for your new home, now is the time to decide whether you will retain a real estate attorney to represent you throughout the transaction. While hiring an attorney is not legally required in Southern New Jersey or Pennsylvania, it is highly recommended—especially if the seller has legal representation of their own.

As your real estate agent, I am here to guide you through the process, but I cannot provide legal advice. A qualified real estate attorney serves as your advocate, ensuring your interests are protected and that any challenges that arise are handled professionally. While most transactions proceed smoothly, it is not uncommon for unexpected issues to emerge. Having an experienced attorney is like an insurance policy—you may not need them, but if you do, you’ll be grateful they’re on your team.

It’s also important to work with a real estate attorney—not just any attorney. Your family law attorney or Uncle Bob who dabbles in contract law may be great at what they do, but real estate law is highly specialized. A real estate transaction requires someone who understands the intricate legal details and can proactively safeguard your interests.

What a Real Estate Attorney Will Do for You

A real estate attorney plays a vital role in ensuring your transaction is handled correctly from contract to closing. Here’s what they will do:

Contract Review & Negotiation – Your attorney will review the purchase contract, negotiate any necessary changes, and ensure the final agreement is in your best interest. If the seller has an attorney, yours will negotiate directly with them. If no attorneys are involved, the standard state contract goes into effect after the attorney review period ends.

(Attorney Review is ONLY in New Jersey!)

Inspection Negotiations – If the home inspection reveals any issues, your attorney will handle the negotiation process with the seller’s attorney to ensure fair resolutions.

Title & Ownership Protection – Your attorney, along with the title company, will verify that the property has a clear title, free from liens or legal disputes. They will also advise you on the best way to take title to the property.

Filing Extensions & Contingency Management – If you need an extension for inspections, attorney review, or mortgage approval, your attorney will handle the paperwork and communication.

Loan Coordination – They will work closely with your lender to ensure all necessary legal documents are in order for a timely loan commitment.

Closing Statement Review – Before closing, your attorney will thoroughly examine the ALTA/CD settlement statement, checking for accuracy in taxes, closing cost credits, and financial adjustments.

Preparing & Reviewing Legal Documents – Your attorney will prepare and review all closing documents, ensuring compliance with state laws and protecting your financial interests.

Conducting the Closing – The attorney will attend and oversee the closing at the title company or law office, explaining each document you sign.

Ensuring Title Insurance Is in Place – They will confirm that your title insurance policy is correctly issued to protect you from future ownership disputes.

And if things don’t go as planned? If a contract cancellation, earnest money refund, or dispute arises, your attorney will handle the legal complexities to protect your interests.

How Much Does a Real Estate Attorney Cost?

The cost for a real estate attorney typically ranges between $950 – $1,500. Some attorneys:
Require a retainer upfront, while others collect their fee at closing.
Charge even if the transaction is canceled, so be sure to confirm their fee structure in advance.

When Should You Hire an Attorney?

Now! You don’t want to wait until you’re ready to submit an offer. Securing legal representation while we are house hunting ensures that once we find the right home, you have an attorney ready to step in immediately.

Ask me for a list of recommended real estate attorneys—I’m happy to connect you with top professionals I trust.
Call and email a few attorneys to compare fees and services before making a decision.
Once you’ve chosen an attorney, let me know so I can coordinate with them when we find your home.

A successful real estate transaction depends on a strong team—your REALTOR® (Quarterman Realty Group Inc.), your mortgage lender, your attorney, and your home inspector. By assembling the right professionals, you ensure a smooth and successful home-buying experience.

Let’s keep moving forward—your dream home awaits!

Back to Blog