What role does an attorney play for a seller? Do I need one?

Question

Contract is signed. My buyer has a real estate agent , I don't. Do I need to give this contract to my attorney? What would his role even be in the whole thing? I have been reading, and it seems that the buyers attorney does most of the leg work. Will my attorney need to do "deed prep" or something? Or can I just show up at closing and get a check without bothering with an attorney?

Chris K. · Answer

@Summer Segeleon

In Pennsylvania, brokers/salespersons typically handle most standard residential transactions. In those transactions, they will almost always use what's known as the PAR Forms. While you can hire an attorney to take a look at them, they are pretty standardized. Substantially modifying those can be difficult from a practical matter.

The title company typically handles the deed prep and other misc. closing tasks.

In your situation, sometimes people hire an attorney "just in case." But they are not required.

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

Jay Hinrichs · Answer

in attorney closings states its common for buyer and seller to each have their own attorney.. however i don't think its mandatory.. I would suspect the buyers attorney can handle both ends.. these attornies usually work for a set closing fee.

like out west we rarely if ever use an attorney for a vanilla property sale.. we use a title and escrow company and a Senior escrow officer handles both buyer and seller.. deals I have done in PA were usually done by one company.

@Tom Gimer has a title and escrow company that works in PA maybe he can chime in.. I just know enough to be dangerous.

Tom Gimer · Answer

The time to engage an attorney would have been before contract negotiation. If there is already a signed agreement there isn't much for an attorney to do... that is unless and until things go sideways. If there are open contingencies and the buyer starts playing games I would have my attorney on call.

The contract itself should state who is responsible for what... typically the title company (selected by the buyer) will prepare the deed and charge the responsible party.

Christopher Orr · Answer

@Summer Segeleon Contract is signed. My buyer has a real estate agent , I don't. Do I need to give this contract to my attorney? What would his role even be in the whole thing? I have been reading, and it seems that the buyers attorney does most of the leg work. Will my attorney need to do "deed prep" or something? Or can I just show up at closing and get a check without bothering with an attorney?

It’s a good idea to have a real estate attorney look at your contract. Real estate attorneys are experts in contracts they know what needs to be in the contract to protect you. Depending on what your contract says for who is responsible for doing what in regards to preparing the deed that’s who is responsible for doing that.

What role does an attorney play for a seller? Do I need one?

What role does an attorney play for a seller? Do I need one?

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