Thinking about selling your home on your own in 2025? It’s a smart way to avoid high commission fees and take control of the process—but what about the legal side of things? Without an agent by your side, many sellers wonder if they should hire a real estate attorney to help with the paperwork and closing.
Let’s walk through what a real estate attorney actually does, when you might need one, and how to decide what’s right for your sale.
What Does a Real Estate Attorney Do in a Home Sale?
A real estate attorney is a legal professional who specializes in property laws, contracts, and disclosures. They can review or prepare your purchase agreement, help resolve title issues, ensure all legal documents are completed correctly, and guide you through the closing process. In short, they help protect you from mistakes that could lead to disputes, delays, or unexpected costs later on.
When Is a Real Estate Attorney Required?
Some states legally require a real estate attorney to be involved in every home sale—regardless of whether you hire an agent. These states include New York, Georgia, South Carolina, and a few others. If you’re selling FSBO in 2025, be sure to check your state laws. In attorney-required states, an attorney must handle specific parts of the closing process, such as preparing closing documents or overseeing the transfer of funds.
Why Many FSBO Sellers Hire an Attorney Anyway
Even in states where it’s not required, many FSBO sellers choose to work with a real estate attorney for peace of mind. Selling on your own means managing every detail—from contracts to legal disclosures. An attorney can help you avoid common mistakes, especially during closing. They’ll make sure the buyer’s documents are in order, all funds are handled properly, and state-required forms are completed correctly.
How Much Does It Cost?
Hiring a real estate attorney for an FSBO sale typically costs between $500 and $1,500, depending on the complexity of the transaction and your location. Some attorneys charge by the hour, while others offer flat fees. While this is an added expense, it’s often far less than paying a full agent commission—making it a smart investment for many FSBO sellers.
Bottom Line: Do You Need a Real Estate Attorney?
A real estate attorney isn’t always required when selling FSBO in 2025—but having one can give you added protection, reduce stress, and help ensure a smooth closing. You’re already saving thousands by skipping the listing agent. With the right legal guidance, you can move forward with confidence and peace of mind.
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