Selling Your Home - Step 8 - Hire A Real Estate Attorney!

Hiring A Real Estate Attorney

If you're getting ready to close on a new home in Virginia, one of the best things you can do is bring a real estate attorney onto your team!

Do I Need a Real Estate Attorney? You're not required to have a real estate attorney, but I highly recommend it. In fact, most sellers choose to work with one —and for good reason!

Unless you’re comfortable handling things like title issues, or preparing legal documents for closing (and most people aren’t), having an experienced attorney on your side can save you a lot of stress.

Even though Virginia law allows non-lawyers (like title companies) to handle closings, hiring an attorney brings some serious benefits.

5 Great Reasons to Work with a Real Estate Attorney

1. They’re on your side.A real estate attorney is there to look out for your best interests—not the deal. They can give you honest advice, help you spot red flags, and even step in if legal action ever becomes necessary.

2. You’ll get real value.Attorneys can review your contract, explain any tricky title issues, help clear up problems before closing, and walk you through all those documents you’ll be signing. It’s nice to know exactly what you’re agreeing to, right?

3. They bring peace of mind.Let’s face it—buying or selling a home can be stressful. From inspection issues to rate lock deadlines, things can get complicated fast. A seasoned attorney knows how to navigate the bumps and keep things on track, while keeping you informed and calm.

4. They’re a one-stop shop for all things legal.Only attorneys can draft legal documents like deeds, interpret your rights and responsibilities under the contract, and explain anything confusing in the loan documents or title insurance. Got a question? They’ve got answers.

5. They help you avoid costly surprises.An experienced attorney knows where legal issues tend to hide and can help you avoid them altogether. For example, no one wants to find out after closing that their garage violates a zoning rule and has to be torn down—especially if your basic title insurance doesn’t cover it.

What Does a Real Estate Attorney Do?

A good attorney takes care of all the behind-the-scenes legal work, so your transaction goes smoothly. Here’s what they typically handle (but always double-check that your attorney covers all of these before hiring them):

• Review the purchase contract to ensure it meets all HUD (Department of Housing and Urban Development) guidelines. If any updates are needed, they’ll take care of it to help avoid last-minute lender issues.

• Order a title search, prepare the title commitment, and share it with the buyer’s attorney and lender. If there are any title issues (called “clouds”), your attorney will work to resolve them so you can provide a clear title.

• Request a payoff for any existing loans on the property and make sure those funds are sent to the right place at closing.

• Work with the buyer’s lender to provide documents like the sales contract, title commitment, condo insurance info, and more.

• Prepare all legal closing documents, including the Bill of Sale, ALTA Statement, Affidavit of Title, Power of Attorney, 1099 Statement, and anything else needed for closing.

Having a knowledgeable real estate attorney is like having a safety net for your transaction. It brings peace of mind and helps you avoid costly mistakes. Let me know if you'd like recommendations—I'm happy to help!