What Does a Real Estate Attorney Do? (And When Should You Hire One?)

Buying or selling a home is a huge financial decision—and most of it runs smoothly. But when something gets complicated (or high-stakes), a real estate attorney can be the difference between a clean closing and an expensive legal mess.

Here’s what a real estate attorney actually does, when you should consider hiring one, and how they fit alongside your real estate agent and escrow.

What Is a Real Estate Attorney?

A real estate attorney (sometimes called a real estate lawyer) is a legal professional who helps clients navigate the legal side of property transactions. They focus on contracts, title/ownership, disclosures, risk, and disputes—anything that could create liability before or after closing.

What a Real Estate Attorney Does in a Transaction

1) Reviews (and sometimes drafts) your contract

Real estate contracts are full of deadlines, contingencies, and legal obligations. An attorney can:

• Review the purchase agreement and addenda
• Explain what you’re committing to (and what you’re not)
• Identify risky language or missing protections
• Draft custom language when needed (for unique situations)

Why it matters: One unclear clause can create thousands of dollars in exposure later.

2) Helps resolve title and ownership issues

Before closing, you want confidence that the seller can legally transfer ownership—and that you’re not inheriting problems. An attorney can help with:

• Liens, judgments, unpaid taxes
• Easements, access issues, shared driveways
• Boundary disputes or encroachments
• Ownership concerns (trusts, probate, divorce)

Why it matters: Title issues can delay closing—or become your problem after you own the home.

3) Advises on disclosures and legal compliance

Disclosures are one of the biggest sources of post-sale disputes. Attorneys help clients understand:

• What must be disclosed and when
• Potential liability for omissions or misstatements
• How to respond when something “comes up” (inspection findings, prior repairs, permits)

Why it matters: Disclosure mistakes can trigger claims long after the transaction is over.

4) Negotiates legal solutions when things get messy

If a deal hits turbulence, an attorney can help negotiate or document solutions such as:

• Inspection repair disputes and credits
• Contract extensions and amendments
• Earnest money disputes
• Demand letters and settlement options (when needed)

Why it matters: Attorneys are trained for conflict resolution and protecting your legal position.

5) Supports closing details (depends on your state)

This part varies by location:

• In some states, attorneys run the closing and prepare/record documents.
• In many escrow-based states, the escrow/title company handles closing logistics, and attorneys are brought in for legal review or special issues.

Why it matters: Even if your state doesn’t require an attorney, hiring one can be smart in complex situations.

When You Should Consider Hiring a Real Estate Attorney

Many transactions don’t require an attorney. But hiring one can be a great move if any of these apply:

You’re dealing with a “non-standard” situation

• Trust sale, probate, or estate property
• Divorce-related sale or buyout
• Power of attorney signing
• Multiple owners or unclear ownership structure

The property has legal or use questions

• Tenant-occupied or rent-controlled scenarios
• Unpermitted work or permit concerns
• Easements, boundary lines, shared access
• HOA disputes, CC&Rs, or restrictions

The transaction structure is unusual

• Off-market deal with custom terms
• FSBO (for-sale-by-owner) where you want legal protection
• New construction or builder contracts (often one-sided)
• Commercial or mixed-use property

There’s a dispute—or a deal is at risk

• Earnest money disagreement
• Threatened litigation
• Major inspection conflicts
• Title defects that need legal resolution

Real Estate Attorney vs. Real Estate Agent: What’s the Difference?

This is one of the most important distinctions:

Real estate agent (Stephanie Younger Group)

• Advises on pricing, strategy, negotiation, and market conditions
• Manages the deal timeline, inspections, and communication
• Coordinates escrow, title, lenders, and vendors
• Helps you win the home (or sell it for top value)

Real estate attorney

• Provides legal advice and legal document review
• Protects you from liability and contractual risk
• Resolves legal issues and disputes
• Drafts legal language when needed

In short: Your agent runs the transaction strategy. Your attorney protects your legal position.

FAQs

Do I need a real estate attorney to buy a home?

Not always. Many transactions close smoothly with an experienced agent and escrow/title. But an attorney is worth considering for complex deals, legal uncertainty, or higher-risk properties.

What does a real estate attorney cost?

Some offer a flat fee for contract review, while others bill hourly—especially if there’s negotiation or dispute work. Cost depends on complexity and location.

Will hiring an attorney slow down my closing?

Typically, no—good attorneys help prevent delays by catching issues early and documenting solutions correctly.

Bottom Line

A real estate attorney helps protect you from legal risk—especially when the deal is complex, unusual, or starting to go sideways. They don’t replace a great agent; they complement one.

If you’re buying or selling and want help deciding whether an attorney is necessary for your specific situation, the Stephanie Younger Group can walk you through the risks, the options, and the smartest next step—so you feel protected and confident from contract to close.