Step 9 to Selling Your Home: Hire a Real Estate Attorney
Step 9 to Selling Your Home: Hire a Real Estate Attorney
While you aren’t legally required to have a real estate attorney represent you in New Jersey or Pennsylvania, we highly recommend it. Selling a home involves legal documents, title issues, certifications, and coordination with lenders and municipalities. Having an experienced attorney on your team ensures you have the proper legal advice and guidance throughout the process.
What Does the Attorney Do?
A strong attorney will handle the details that protect you legally and financially. Typical responsibilities include:
Contract Review
Reviewing the standard purchase agreement to make sure all terms comply with state law and lender requirements. If changes are needed, the attorney will negotiate them during the attorney review period. (Attorney review exists in NJ, not PA.)Title Search & Clearance
Ordering a title search, reviewing for any liens or “clouds,” and resolving issues so the buyer receives a clean title at closing.Payoffs & Certifications
Ordering payoffs for outstanding loans, handling municipal requirements (like water/sewer certifications), and making sure everything is in order for closing day.Closing Preparation
Drafting and reviewing key documents such as the Bill of Sale, Deed, Affidavit of Title, Settlement Statement, and 1099.Closing Day Representation
Coordinating with the title company, lender, and buyer’s attorney, then reviewing and finalizing the settlement documents at closing. If issues arise, your attorney steps in to protect your interests.
For condos or townhomes, your attorney may also coordinate with the association/management company to obtain resale packages, financial disclosures, and insurance certificates. For single-family homes, they may help with zoning or survey certifications if required.
Why It Matters
Real estate transactions can be complex. Without an attorney, sellers risk delays, legal missteps, or losing money if something goes wrong. With an attorney:
Title issues are handled proactively.
Deadlines are tracked and met.
You have someone negotiating on your behalf during inspection and review.
If the contract falls apart, your attorney helps resolve earnest money disputes.
In short: an attorney is your legal safety net.
Cost of a Real Estate Attorney
Most real estate attorneys in New Jersey charge between $950 – $1,500, depending on the complexity of the deal. Their fee is typically included in your closing costs and paid at settlement—not upfront.
If a transaction is cancelled during attorney review or inspection, many attorneys will reduce or waive their fee. I've also seen a select few who will revert to an hourly rate. Be sure to review your retainer agreement for details.
When to Hire an Attorney
Don’t wait until you have a buyer. It’s best to choose your attorney before your home goes under contract. That way, you’re ready as soon as an offer comes in and you can avoid delays.
Bottom Line
Your Realtor (us!) and your attorney are the core of your home-selling team. While not required, hiring a real estate attorney provides peace of mind and ensures every detail of your sale is handled correctly.
💡 Need a trusted real estate attorney recommendation in South Jersey or Pennsylvania?
We work with several excellent attorneys and would be happy to connect you with the right fit for your needs. Contact Quarterman Realty Group at 609-948-4306 or info (@) quartermangroup.com for introductions.
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