Do you have to use a closing attorney?
Asked by: Damaris Heidenreich | Last update: December 26, 2025Score: 4.3/5 (31 votes)
Depending on your state's laws, you may not be required to have an attorney at the closing. However, you can choose to have an attorney review your documents before closing.
Do you need a closing attorney?
Depending on your locality, state laws and the exact nature of the transaction, you may need to enlist the services of a real estate attorney (and have the cost included in your closing costs).
Who typically recommends the closing attorney?
Established trust influences the decision on who picks the closing attorney. Sellers might prefer an attorney they've worked with before who understands their preferences and legal expectations. However, buyers may select an attorney recommended by trusted sources such as friends or real estate agents.
Does Kentucky require an attorney at closing?
Another is legal fees: Kentucky law requires that an attorney be present to handle all residential real estate closings. Either party may also hire an attorney to represent their own interests in the deal.
Can I do my own closing?
Legally speaking, it depends on where you live. Some states (and in some cases, certain regions within states) require that an attorney prepare certain legal documents or oversee the closing of a home sale. You might need to do a little digging to find the requirements in your area.
What Does A Closing Attorney Do? [REAL ESTATE LAWYER EXPLAINS]
Can you close on a house without an agent?
Legally, you can self-represent and buy a house without the support of a real estate agent, and you're not required to have a licensed agent present to close on a home.
Who hires the closing attorney?
Both buyers and sellers have the option to hire their own closing attorney to represent their interests. This attorney plays a crucial role in reviewing documents, negotiating terms, and helping ensure that the transaction proceeds smoothly.
How much does a closing attorney cost?
You may pay a real estate attorney an hourly fee ranging from $150 to $500 or more per hour. Or they may charge a flat fee, such as $750 or $1,500 for closing, or a lower fee for a specific task, such as reviewing a contract.
How much are closing costs in KY?
For homebuyers in Kentucky, you can expect to pay between 2%-5% of the purchase price. If you paid earnest money, this amount will be subtracted from your closing costs, which will reduce the total amount you owe at closing. Earnest money is typically between 1%-3% of the home's price.
Who needs to be present at closing?
You and any other co-borrowers. The seller of the property or their agent. Your real estate agent and the seller's real estate agent. Real estate agents are not required to be at the closing, but may choose to attend to make sure that the closing transaction goes through.
Can a home buyer and seller use the same attorney?
As per the laws of the Law Society, an attorney cannot represent both parties simultaneously to avoid any possibility of conflict of interest. This is because both the parties will pressured for better rates and higher profits. However, the parties are allowed to hire different lawyers from the same law firm.
Who provides final closing costs?
Both buyers and sellers usually have closing costs to pay, though the types of costs vary. For instance, buyers typically pay fees related to their mortgage, while sellers often pay transfer taxes, concessions and more. Who traditionally pays what often varies depending on what state you're in.
Is the closing attorney the title company?
It's most important to note that a title company cannot provide legal advice. Think of the attorney as a fact-checker and legal advisor. An attorney will review (and sometimes draft) the property's title and the contracts between the seller and buyer to facilitate the closing process.
Who typically chooses the closing attorney?
It's essential for both the buyer and the seller to realize that they both stand to benefit from the proficiency of a talented closing attorney. Consequently, they must mutually agree on a closing attorney who can represent both interests.
What happens if you don't go to closing?
When you miss a closing date as a buyer, technically you are in breach of contract and the seller could take legal action against you including your being mandated to reimburse them for mortgage, taxes, insurance, or other costs they may have incurred because of the delayed closing.
What is the average closing cost on a 250k house?
Typically, you can expect between 2% and 5% of the loan amount. So, on a $250,000 home purchase, you could pay between $5,000 and $12,500 in closing costs. Your mortgage loan officer can help you figure out the best way to cover these costs.
Who pays most closing costs?
Closing costs are paid according to the terms of the purchase contract made between the buyer and seller. Usually, the buyer pays for most of the closing costs, but there are instances when the seller may also have to pay some fees at closing.
How do I afford closing costs?
For example, California has the CalHFA program available to qualified low-income buyers. The program provides grants and loans to eligible borrowers, and the money can either directly subsidize part of a down payment, or cover the entire thing, depending on certain factors.
Do I need a lawyer for closing on my house?
California: Real estate attorneys are not essential for closing but may be advised by your real estate agent.
Who pays attorney fees when selling a house?
Moreover, local customs can also influence who is typically responsible for legal fees. In some regions, it's common for the seller to cover certain fees as part of the transaction, while in others, buyers may bear most of the costs.
What are the duties of a closing attorney?
Closing attorneys oversee the legal aspects of property transactions. They conduct thorough title searches to uncover existing liens or claims, verifying the clear transfer of property. They interpret and explain contract terms, ensuring parties understand their rights and obligations.
How to pick a closing attorney?
Look for an attorney who can explain complex legal concepts in terms that don't require a law degree to understand. They should be responsive to your questions and concerns, keeping you informed throughout the closing process.
How much does an attorney charge for closing?
Negotiating Attorney Fees
You might ask for a lower hourly rate or even a flat fee for specific services. According to Thumbtack, hourly rates can range from $400 to $600, while flat fees for closing are typically between $500 and $1,500.
What happens before you close on a house?
There will be an appraisal of the home and an independent third-party inspection of its condition. A title company will also conduct a title search to ensure there are no claims on the ownership of the home. The buyer and seller – via their agents – will settle any discussions of costs, repairs and fixtures.
Can I move in on closing day?
The contract terms will determine when you can move in after closing. In some cases, it will be immediately after the closing appointment. You will receive the keys and head straight to your new home. In other situations, the seller may request 30, 45 or even 60 days of occupancy after the closing of the home.