What Do Real Estate Lawyers Do for a Seller and a Buyer?

For a buyer, a lawyer gives important support from the first steps to the final ones.

They carefully read the main legal document, called the purchase agreement, and explain everything clearly — like the rules and dates — so the buyer understands exactly what they are agreeing to.

They also check the property’s history to make sure the seller truly owns it and there are no hidden problems like old debts.

The lawyer works with your bank and the title company, helps fix any issues that pop up, gets the necessary legal papers ready, and can be at the final meeting (the closing) to check all the last documents before the deal is done.

This helps make sure the buyer gets a clear and safe purchase. Note most closings are remote and third parties can handle any “physical” ink signatures or requirements with filings.

— David Holt, Holt Law, Attorney

I review and discuss contracts for buyers, do title searches, remove liens or other problems, work with lenders, and ensure that all closing papers are correct.

I also safeguard buyers from unforeseen risks and guide them through each step to ensure they are never taken by surprise.

I write and discuss the sales contract for buyers, handle any title problems, determine how much the mortgage will be paid off, and prepare all the closing papers.

My job is to guard the buyer’s interests and ensure the move is proper, so there aren’t many problems after the sale.

— Mark Hirsch, Templer & Hirsch, Co-Founder

For buyers, I provide critical guidance on how to take title to the property — a decision that affects taxes, creditor protection, and transfer at death.

Many buyers don’t realize that putting real estate in a properly structured trust can shield assets from probate while maintaining control.

I recently helped a client avoid significant tax consequences by structuring their purchase through their existing family trust rather than as joint tenants.

— Jeffrey Burr, The Law Firm of Jeffrey Burr, Owner

For buyers in California, it’s rare to actually have an attorney involved in the purchase. I work with buyers in California to deal with the legal stuff (spoiler alert — THERE’S A LOT!) that happens during escrow.

California real estate sales require sellers to disclose a lot about their property but if you don’t know what you’re looking at, what you’re looking for, and whether the seller actually disclosed properly, you might find yourself talking with another attorney about a seller disclosure lawsuit after you bought the house.

— Rebecca Secord, Your Home Legal, APC, Attorney/Owner

A real estate attorney makes certain that the seller’s title to the property that they own is properly transferred to the buyer.

The buyer’s attorney’s tasks include reviewing and making revisions to the Contract of Sale and other documents, making sure that the title is clear and properly transferred to the buyer and assists with the transfer of funds to the seller.

— George K. Fuiaxis, Law Office of George K. Fuiaxis, Attorney-at-Law

On the buy side, most of my work involves reviewing the real estate contract on behalf of the buyer (real estate agents typically do the contract), reviewing the title search, communicating with the client’s lender for the closing numbers, and actually conducting the closing, which includes reviewing and executing the loan documents with the client, and exchanging the funds for the deed.

— Anthony Monelli, Cretella, Fappiano & Monelli, Managing Partner/Attorney-at-Law

Ensures that the closing experience is smooth and to guide the buyers throughout the process.

I make sure that there are no legal issues with the paperwork, the title is clear, and that the contract is legally valid.

— Erin L. Sandman, Erin L. Sandman, PA, Attorney/Owner

In a commercial real estate transaction, the buyer’s counsel negotiates the purchase and sale agreement, reviews the title policy, confirms all documents are recorded, reviews any environmental concerns, and overall performs due diligence for the buyer.

— Eric Proos, Next Era Legal, Founding Partner

For sellers in California, a real estate attorney can provide the most value in preparing their disclosures. When you hear “just disclose everything,” that might be the worst advice you’ll hear.

What is everything? How do you even disclose it properly? What if you forget? Are there things you can do to explain? What about the disclosures you received when you purchased the property?

News flash — sellers inherit ALL of the knowledge about the property, including the disclosures and inspections they received when they originally bought the property, whether that was 3 years ago or 30 years ago.

Sellers have a HUGE responsibility to disclose and when not done properly, may expose the seller to very costly mediation/litigation for failing to disclose.

— Rebecca Secord, Your Home Legal, APC, Attorney/Owner

For a seller, a lawyer helps handle the legal steps for selling the property. They can help look at offers and write or check the purchase agreement to match what the seller agreed to and keep them safe.

Lawyers help clear up any past problems with the property’s ownership that might stop the sale — usually through a “title search” and resolution. They get the important closing papers ready, like the deed that passes ownership.

They work with the buyer’s lawyer and others to have a smooth final meeting, making sure the seller gets their money correctly and is no longer responsible for the property.

A lawyer makes sure the seller’s side of the sale is handled right, giving them peace of mind.

— David Holt, Holt Law, Attorney

For sellers, I focus on ensuring clean title transfer while protecting against future liability.

When handling property sales during probate, I steer the three available methods — waiting until probate completes, court confirmation of sale, or using the Independent Administration of Estate Act.

Last year, I helped a family sell their deceased parent’s home quickly without court confirmation by utilizing the 2011 Act, saving months of carrying costs on the property.

— Jeffrey Burr, The Law Firm of Jeffrey Burr, Owner

On the sell side, most of my work involves reviewing the contract on behalf of the seller (real estate agents typically do the contract), reviewing the buyer’s attorney’s title search and working with the client to clear any mortgages and liens, preparing the sale documents such as the deed, and exchanging the deed for the funds.

An important part is making sure all the seller’s mortgages/liens get paid off.

— Anthony Monelli, Cretella, Fappiano & Monelli, Managing Partner/Attorney-at-Law

I help sellers steer disclosure requirements that vary significantly across Indiana counties.

Real estate transactions are never one-size-fits-all — I’ve found the most value comes from understanding each client’s specific plans for the property and tailoring legal protections accordingly.

— David Fritch, Fritch Law Office, Attorney

In a commercial transaction, the seller’s counsel drafts and negotiates the purchase and sale agreement, confirms all filings with the state in which the transaction takes place are abided by, communicates with title, and handles communication with the buyer’s counsel.

— Eric Proos, Next Era Legal, Founding Partner