how much should i pay an attorney to sell my house

Key Takeaways

• You’re only required to use a real estate lawyer in certain states
• Using a real estate lawyer makes sense in some additional situations, even when it’s not mandatory
• Real estate lawyers usually charge $150-350 an hour, or may offer flat fee rates for straightforward work

Full Answer

How much does a real estate attorney cost in MA?

How much do lawyers charge in Massachusetts?Practice TypeAverage Hourly RateReal Estate$279Tax$347Trusts$323Wills & Estates$33618 more rows

How much does a real estate attorney cost in Colorado?

For more complex cases, real estate lawyers may work on an hourly rate and require a retainer. Hourly rates for real estate lawyers may range from $150 to $300 or more.

Do I need an attorney to sell my house in PA?

Unlike some states, Pennsylvania does not require that sellers involve a lawyer in the house-selling transaction. Even if it's not required, you might decide to engage a lawyer at some point in the process—for example, to review the final contract or to assist with closing details.

Do you need an attorney to sell a house in NJ?

New Jersey law does not require the use of an attorney for real estate transactions. However, many state residents still decide to engage legal advice when buying or selling a home. Review the common situations when a real estate attorney can assist with a New Jersey sale or purchase.

Why are legal fees so expensive?

The main reason legal fees are so high is because it costs a lot of money to lawfully run and operate a law firm. Law firms incur all of the costs normally associated with operating an office (rent, wages, photocopy leases, furniture, power, stationary, paper, ink, tax etc).

How much does a lawyer cost on average?

You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.

How long are you liable after selling a house in PA?

§§7501, up to two years from the date of closing. A claim may be provable through information gained from neighbors, utility bills, former Disclosure Statements, failed sales inspection reports, home warranty claims, and/or insurance claims.

Can I sell a house as is in PA?

“As is” to most of us means there it is, take it or leave it. We rely on the buyer examining the property and making his or her own independent decision to purchase. Well, this is not necessarily true in Pennsylvania.

Does the seller have to be present for the closing in Pennsylvania?

On closing day, the buyer, seller, real estate agent, and a representative of the lender all need to be present to finalize the transaction. Therefore, proper planning and coordination are necessary in order to ensure a smooth closing day process.

Do I pay tax when I sell my house in NJ?

Sales Tax: Sales Tax is not due on home sales. Realty Transfer Fee: Sellers pay a 1% Realty Transfer Fee on all home sales. The buyer is not responsible for this fee. However, buyers may pay an additional 1% fee on all home sales of $1 million or more.

Do sellers pay closing costs in NJ?

Both sellers and buyers are responsible for paying certain closing costs on a property in New Jersey. Generally, the seller pays their attorney fees, transfer fees, and realtor commissions.

How much does a real estate lawyer cost in NJ?

Real Estate Attorney Costs in New Jersey In north and central New Jersey, flat legal fees average between $1,000 to $1,500 for residential sales, and $1,500 to $3,000 for commercial.

What do real estate lawyers do?

Commercial property (or real estate) lawyers act for a variety of domestic and international clients – including investors and developers, governments, landowners and public sector bodies – on a wide range of transactions, involving everything from offices to greenfield and retail developments, infrastructure projects ...

What is earnest money?

Earnest money, or good faith deposit, is a sum of money you put down to demonstrate your seriousness about buying a home. In most cases, earnest money acts as a deposit on the property you're looking to buy. You deliver the amount when signing the purchase agreement or the sales contract.

How much does a lawyer charge for a house closing in NY?

How much will you pay in real estate attorney fees for closing? Generally speaking, real estate agents will estimate that attorney fees in NYC will range anywhere from $1,500-$4,000 per transaction.

How much is a real estate attorney for closing NJ?

between $1,500 and $2,500Generally, attorneys charge between $1,500 and $2,500 in fees, but it all depends on the type of sale and the types of houses in New Jersey. State, city and county transfer taxes. It varies depending on the sale price, but is usually 1%. If you're a disabled veteran or age 62 or older, it could be 0.05%.

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.

Who to ask when selling a house?

From a friend: Ask colleagues, family members, friends or neighbors who they used in their home sales.

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 an escrow manager?

Escrow manager: The escrow manager, officer or agent is a third-party representative responsible for holding funds during the transaction and making sure every party gets paid the correct amount at closing. In some cases, escrow officers work at title companies, blurring the lines of which party is distributing funds at the closing table.

What to do if you have liens on your home?

Liens: If there are outstanding liens on your home, an attorney can help resolve those issues and clear the path to closing. They can communicate with the title company to make sure all lien holders get paid correctly.

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 ...

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.

How much does a real estate attorney cost?

According to Thumbtack, which collects millions of estimates their website visitors receive from local professionals for various real estate services, a real estate attorney costs $150 to $450 per hour. That makes a real estate attorney more expensive than a divorce attorney ($175-$325 per hour), criminal defense lawyer ($150-$300 per hour), and tax attorney ($75-$395 per hour).

Why might a seller need a real estate attorney?

Some common reasons to have an attorney in your corner as a seller include:

How to sell a short sale property?

Selling property that’s under foreclosure or in the midst of a short sale:#N#If you’ve fallen behind on your mortgage payments, a real estate attorney is a good resource to help you navigate the details of these transactions. Your lender or bank has to approve your short sale, so you’ll have to provide detailed records supporting your financial hardship. An attorney can help you by: 1 Representing you at a foreclosure auction or when filing bankruptcy 2 Sifting through the contents of short sale documents 3 Explaining your personal liability after completing a short sale 4 Understanding whether your remaining debt will be forgiven, taxed, or require augmented payments

How can an attorney help you?

An attorney can help you by: Representing you at a foreclosure auction or when filing bankruptcy. Sifting through the contents of short sale documents. Explaining your personal liability after completing a short sale. Understanding whether your remaining debt will be forgiven, taxed, or require augmented payments.

What to do if you are behind on your mortgage payments?

If you’ve fallen behind on your mortgage payments, a real estate attorney is a good resource to help you navigate the details of these transactions. Your lender or bank has to approve your short sale, so you’ ll have to provide detailed records supporting your financial hardship.

When are real estate attorney fees due?

Real estate attorney fees will be due at closing and appear as a line item on your closing statement.

Can a real estate attorney help with property division during a divorce?

Although an agent with experience in divorce sales can be helpful, a real estate attorney also can provide valuable advice regarding your state’s property division laws.

How much is a real estate attorney?

Real estate lawyer fees vary significantly, said Michael Romer, managing partner at Romer Debbas, LLP based in New York City. For example, fees vary depending on the level of experience an attorney has.

How much does an attorney charge per hour?

While most attorneys charge a flat rate, some will charge by the hour, with hourly rates ranging from $150 to $350, according to Thumbtack.

What is the difference between a realtor and a real estate agent?

A real estate agent, or realtor, is tasked with marketing a property for sale or finding a property for a buyer, Romer said, while an attorney is enlisted to ensure someone’s legal rights are protected during a home sale. Real estate agents are paid based on commission , while attorneys are paid a separate legal fee that is typically a flat rate, he said.

Do you need a real estate attorney to close a house?

Some states require a real estate attorney for closing, while others don’t. In states that don’t require an attorney, it’s still a good idea to consider hiring one to help make sure everything is in good order. 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 .

Do real estate attorneys help you buy a house?

Real estate attorneys may give you the peace of mind that your home purchase will go smoothly, drastically lowering the possibility that you’ll be hit with any unexpected legal problems.

Who to negotiate with to get a contract?

Negotiate your contract with the seller’s attorney if necessary.

Do you need a real estate lawyer at closing?

Some states require a real estate attorney to not only be involved during the entire home sale process but also to be present at closing. In addition, Realtor.com notes that laws in this area can differ depending on the region within the state.

How much does a listing agent pay for a house?

On a $250,000 house sale, this amounts to roughly $15,000.

Why do agents sell homes before they are listed?

In fact, notes Nelson, many sales can happen before a home is even listed, because agents will reach out to one another.

What are closing costs?

Closing costs tend to be fixed, including transfer taxes, escrow expenses, and notary fees. You’ll also pay at closing any outstanding property taxes, a prorated share of the water and sewage bills, and the remainder of your mortgage.

Who splits commission between buyer and seller?

In fact, that commission is split between the buyer’s agent ‘s brokerage and the seller’s . They might split it evenly, or the seller’s agent’s side might get a bit more. From those splits, the respective brokerages take their cut—which, again, varies—and the remaining amount goes to the agents.

Do you have to pay for a buyer's agent if you sell your house on your own?

However, most people don’ t realize that if you sell your house on your own, you still have to pay for the buyer’s agent’s brokerage fee.

Do real estate agents get paid?

Remember, most agents (here’s how to find a real estate agent in your area) don’t receive a salary, so that fee pays for all that time the agent spent marketing your home. It also includes costs like photographs and signage, as well as the cost to list it on the multiple listings service.

Does selling a house bring in profits?

Slow down there—while selling a home can indeed bring in some sweet profits, not every dollar goes into your pocket. You also have to pay the professionals who help you unload your property. So now the question in your mind is probably: How much does it cost to sell a house? Really?

Why do you need an attorney when selling a house?

You’re the heir or executor of a property whose owner is now deceased. You’re selling a house with an uncooperative partner. You have judgments or liens on the property.

What does a real estate attorney do, anyway?

The job of a real estate attorney is to negotiate and make a transaction come together in a peaceful manner that’s fair and amenable to all parties.

What is the education required for real estate agents?

As part of agents’ licensing education, they’re taught and tested on real estate contracts used within their state, many of which also require continuing education courses and/or certifications on subjects such as ethics, buyer’s agency, distressed property sales, and more.

Which states require a real estate attorney to be present at closing?

These include Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. Keep in mind that these rules can vary by region within states, too.

Who attends closing with real estate agent?

In case any last-minute issues crop up, the attorney will attend your closing along with your real estate agent and possibly a representative from your lender.

Does realtor.com make commissions?

The realtor.com ® editorial team highlights a curated selection of product recommendations for your consideration; clicking a link to the retailer that sells the product may earn us a commission.

How much does a real estate lawyer charge?

Real estate lawyers usually charge $150-350 an hour, or may offer flat fee rates for straightforward work

How much are real estate attorney fees and costs?

Real estate attorneys usually cost $150–350 per hour, and bill by the tenth of an hour. So, you could pay $15–35 for every six minutes of their time. Or, if they’re performing standardized work (like drafting a contract), you may pay a set flat fee.

How do I find a real estate attorney?

A good real estate agent can refer you to a real estate attorney. Sellers can also find real estate lawyers through the ​​American Bar Association, FindLaw, or other professional organizations, like your state’s bar association.

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 ...

Why do sellers need an attorney?

Some sellers also appreciate that an attorney can help navigate legal issues and protect them from future litigation or conflict.

What can a real estate lawyer do?

A real estate lawyer can help you understand your rights as well as your tenants’ rights, and help protect you from litigation.

What to do if the owner of a home doesn't set up a living trust?

If the owner didn’t set up a living trust, you’ll want a lawyer to guide you through probate before you sell the home.

What fees do sellers pay when selling a house?

What fees does the seller pay when selling a house? The most common fee is the mortgage payment . Because of the way the mortgage loan works, the first party that has to be satisfied when a home is sold is not the seller, but rather the company that holds the mortgage lien on the house. That means that before the seller actually gets to touch any money, the mortgage holder will have to be paid off. In most cases, the mortgage will be paid immediately at the close of the sale. The money that’s left over, if any, is realized as a profit for the seller. There can be other fees associated with paying off a mortgage, but the primary concern is paying off what remains on the initial note.

How much escrow fees do you pay when selling a house?

Outside of specific mortgage fees, the average seller will generally pay between one and three percent of the sale’s total in closing fees . It’s always important to be prepared for the fees you’ll pay when you sell your home.

What is the fee for a realtor?

The general fee for most realtors is between three and seven percent, with a few going a bit higher in high-demand areas. Home preparation fees. Many of the fees when selling a house are paid not at the end of the process, ...

What is closing cost?

Closing costs. Many of the fees when selling a house are bundled together in a group that’s known as the closing costs. Closing costs actually vary quite a bit depending on the route that was taken to sell your house, so it’s not easy to put an average number of them.

Do you have to pay taxes back to the seller?

If the seller has already paid taxes for the year, the buyer will generally have to pay a pro-rated amount back to the seller . If the taxes are paid monthly, the seller may have to pay a certain amount of tax money and then receive reimbursement from what’s left in the mortgage account’s escrow. As you might imagine, this is a process with quite a few variables.

Do realtors charge a fee when selling a house?

Yes, your realtor charges a fee when you sell your house. Realtors are incredibly helpful when selling your home, but that doesn’t mean that they work for free. Luckily, the vast majority of them won’t charge you a dime while you are in the process of selling a house – they make their money when your home finally sells.

Do you pay fees when selling a house?

Many of the fees when selling a house are paid not at the end of the process, but while you are trying to make a sale. Remember, the fees when selling a house doesn’t just include what you pay to an attorney or to a real estate agent, but also to those who do the work of getting your house ready to sell. In most cases, you’re going ...