how much does it cost an attorney to draw up papers when selling your home

by Dr. Rosina Turner DVM 4 min read

A good lawyer will guide you through all the paperwork and communicate with the title or settlement company to ensure the transaction goes smoothly. Some lawyers will charge by the hour ranging from $150 to $300, or fixed rates based on a per-service model. Either way, it’s a good idea to budget for this cost in the sale of your home.

Full Answer

How much does a real estate attorney cost?

Aug 07, 2020 · How much does a real estate attorney cost may factor into your decision-making given how many costs are associated with closing on a house. Fees will vary depending on the state you live in and the lawyer’s level of experience. The real estate attorney cost could be a flat fee, though some lawyers charge an hourly rate.

What does a real estate attorney do when selling a house?

Oct 21, 2021 · Because attorney's fees can add up, it may be best to use them for specific parts of the sale of your property (such as contract and title review). Depending on who you hire, you can expect to pay anywhere from $150 to $500 an hour for a good attorney. You can also hire attorneys for flat fees for specific services.

Is it cheaper to buy a house with a lawyer?

Feb 15, 2018 · As with so many things in life, the cost of a closing attorney varies from state to state, and from attorney to attorney. It also depends on the type of transaction(s) the attorney will be handling. Some attorneys start at a $100 - $150 flat fee to prepare a deed, and then go up to $1,000 or more for a “complete package.”

How much do real estate attorneys cost on Thumbtack?

Feb 15, 2021 · The average cost for a Real Estate Attorney is $250. To hire a Real Estate Attorney to complete your project, you are likely to spend between $220 and $250 total.

State requirements

It’s important to know whether your state is an attorney state or a title state. An attorney state, such as Massachusetts, requires the the involve...

Services

Real estate attorneys are qualified to handle all legal matters related to real estate, including disputes and transactions. They write and review...

Pricing

Attorneys usually charge by the hour, from $150 to $350. However, some real estate attorneys may have a fee schedule for certain services, such as...

Finding the right attorney

Ask your real estate agent to recommend an experienced, state-licensed real estate attorney, then do some online research. For example, if you’re b...

What to do when selling a house with tenants?

You will also want to contact an attorney if you are selling a property that has tenants. There are a myriad of local and state laws when it comes to tenants rights.

What can a real estate attorney do?

A real estate attorney can help you through all of the paperwork required to make the sale. He or she usually comes in after you have determined the selling price and terms of the sale. Even in states where you are not required to hire a lawyer, you may want an attorney to look over the contract.

How to stop foreclosure?

They may be able to find a way to stop foreclosure through an injunction. You may also want to hire an attorney if you are going through a divorce or separation. The attorney can help you negotiate the sale with an uncooperative partner.

What are the laws regarding tenant rights?

There are a myriad of local and state laws when it comes to tenants rights. Most have legal requirements that you must meet (and notices that you must provide to tenants) before tenants have to vacate. The last thing that you want is a legal entanglement due to your rental unit.

What does a clever partner agent do?

After all, no one wants a dispute over a home sale to end up in court. A Clever Partner Agent can help you determine if and when you need an attorney. He or she will also be able to suggest reliable legal resources and refer you to a lawyer that you can depend on.

How much does a closing attorney charge?

Closing attorney fees vary greatly from one state to another, and can reach $1,000 - $2,000 depending on the complexity of the transaction. Some attorneys charge a flat fee, while others will charge an hourly rate, usually $100 - $300. You can compare real estate attorneys capable of helping you with the closing process on WalletHub.

Do you need a real estate attorney for closing?

For some homebuyers, adding a real estate attorney to the proceedings can provide peace of mind. A knowledgeable and reputable real estate attorney can help you navigate the closing process and make sure that your interests are represented. However, attorneys cost money. In some cases, you might even find that your lender has already hired ...

Do attorneys cost money?

However, attorneys cost money. In some cases, you might even find that your lender has already hired a closing attorney, and the fees for that attorney are part of your closing costs. It’s important to find out ahead of time if this is the case and decide whether you want your own attorney as well.

How much does it cost to get a deed?

It also depends on the type of transaction (s) the attorney will be handling. Some attorneys start at a $100 - $150 flat fee to prepare a deed, and then go up to $1,000 or more for a “complete package.”. Many packages start at around $500 or $600, depending on what you have done.

How much does a real estate lawyer cost?

Real estate lawyer fees usually wind up being around $1,500. But like with anything else, you get what you pay for here. If you decide hiring a real estate attorney is the right thing to do, whether your transaction is complex or you simply want the peace of mind, don’t go bargain hunting.

What states require a real estate attorney?

An attorney state, such as Massachusetts, requires the the involvement of a real estate attorney in the purchase, sale and closing of a house. In a title state, such as California, a real estate attorney is necessary only when there are legal disputes to settle.

How much does a real estate attorney charge?

Attorneys usually charge by the hour, from $150 to $350. However, some real estate attorneys may have a fee schedule for certain services, such as preparing real estate closing documents. For example, real estate attorney John I. O’Brien in Wakefield, Mass., charges the same closing fee regardless of the cost of the house.

Can you limit the number of hours an attorney can spend on a transaction?

As the client, you can set limits on the number of hours your attorney spends on your transaction. Write into your retainer agreement the number of hours you expect to work with the attorney, so you can avoid an open-ended number of billable hours. Many attorneys offer a free or discounted consultation before agreeing to a contract.

What does a real estate attorney do?

A real estate attorney can help clients who need to back out of a contract.

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

What is the job of a home inspector?

Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

What is a purchase agreement?

A purchase agreement is a contract that outlines the conditions of the sale of a home. Once the buyer and seller have agreed to these conditions and apply their signature, this document becomes legally binding.

What happens if you can't get financing?

So, if the buyer can’t get financing at a certain interest rate by a certain date, then they can back out of the sale without penalty. The most common type of contingency has to do with the home inspection, where the buyer has an opportunity to discover any defects.

What is a seller's agent?

The seller’s agent is typically the person who draws up a real estate purchase agreement. But what happens if the home is for sale by owner (or FSBO) and the owner isn’t represented by a real estate agent at all? A FSBO sale can occur in a seller’s market or when sellers want to maximize their profits on a sale by not having to pay a commission ...

What is FSBO sale?

A FSBO sale can occur in a seller’s market or when sellers want to maximize their profits on a sale by not having to pay a commission to a real estate agent. So if the buyers want to make a written offer on property, who will be tasked with drawing up the purchase agreement, or the contract outlining the terms and conditions of the sale?

What is a purchase contract?

As a real estate buyer, a purchase contract is one of the first steps toward closing the sale. “In layman’s terms, a purchase contract is simply the written contract between the buyer and seller outlining the terms of the sale,” Hardy explains.

What is land contract?

A land contract is used when the owner provides financing when going to sell, so that you do not have to get a mortgage elsewhere to purchase the property. The contract stipulates the amount of the loan, the interest rate, and what happens if you fall behind on property taxes or payments. You and the seller can negotiate the terms of the agreement, ...

Why is a real estate attorney important?

A good real estate attorney provides a backstop for your real estate agent, finding loopholes in the purchase agreement, saving you money with contingencies, and maybe even insulating you from lawsuits years down the line. Let’s go over some of the situations where hiring a real estate attorney is a good move, the responsibilities ...

What is a purchase agreement?

The purchase agreement is a legal contract that outlines the rights of the seller and the buyer. A lawyer can review this contract and make sure you’re receiving all the protections and assurances that you should be. Signing an incomplete or sloppy purchase agreement can leave you vulnerable later, even if you abide by your state’s disclosure laws.

How much do real estate attorneys make an hour?

Real estate attorneys are paid by the hour — market rates are between $150 and $350. You may be able to negotiate a flat rate, or a cap on the number of hours they work on your behalf.

Should I listen to my real estate agent?

So if you’re buying new construction, a pristine property, or signing a regular lease, using the standard forms and listening to your real estate agent’s advice should be just fine. But if you have any questions involving real estate law or taxes, a lawyer is your best source for this advice; in fact, in most states, ...

Why do agents make more money?

Because most agents work on commission, they make more money the higher the final sale price goes. That’s great if your priority is extracting every possible dollar from your sale. But sometimes sellers just want a quick sale, or want their property to pass onto someone who appreciates it.

What are the benefits of being an agent?

A great agent doesn’t just help you buy or sell a property; they also offer a sympathetic ear, gentle advice, and all around emotional support. A huge financial transaction can be a huge source of stress, and a good agent knows how to reassure their clients.

Do I need a commercial real estate attorney?

This isn’t the case when it comes to commercial real estate . Commercial real estate deals are much more complicated and risky, and there’s usually a lot more money involved, so hiring a commercial real estate attorney for a commercial transaction is basically required.