Selling your home involves much more than handing over the keys. From contract review to closing documents, legal complexities can trip up even the most prepared sellers. That’s where a real estate attorney comes in. If you’ve asked yourself, “What does a real estate attorney do in a home sale?”, this guide will walk you through their key roles and how they protect your interests.
Is a Real Estate Attorney Required in Rhode Island?
Yes. Rhode Island law requires an attorney to conduct real estate closings. Even if it weren’t required, having a knowledgeable attorney ensures:
- Your rights are protected
- Contracts are legally sound
- The closing process runs smoothly
Key Roles of a Real Estate Attorney for Sellers
1. Drafting and Reviewing the Purchase & Sale Agreement
An attorney ensures the purchase agreement:
- Clearly states the terms of the sale
- Protects you from unfair liability
- Includes appropriate contingencies (inspection, financing, etc.)
- Matches your expectations and timelines
Without legal review, sellers may unknowingly agree to risky terms.
2. Title Work and Problem Resolution
Your attorney:
- Works with the title company to resolve any title defects
- Assists with clearing liens, boundary issues, or missing documents
- Ensures you can legally convey clean ownership to the buyer
3. Closing Document Preparation
The attorney prepares and/or reviews:
- The deed
- Seller affidavits
- Payoff letters for existing mortgages
- Closing disclosure and settlement statement
- Any necessary power of attorney or release documents
Accuracy here is crucial to avoiding delays or disputes.
4. Representation at Closing
At closing, your attorney:
- Explains each document
- Confirms you are receiving the correct funds
- Coordinates with buyer’s attorney and lender
- Ensures the deed and transfer are properly recorded
This avoids last-minute legal or financial surprises.
Why Sellers Benefit From Legal Representation
Selling a home is a major financial transaction. A real estate attorney:
- Saves time and reduces stress
- Prevents costly errors or oversights
- Resolves disputes with buyers, lenders, or municipalities
- Helps coordinate 1031 exchanges, estate sales, or business property transfers
Their role is especially important in transactions involving trusts, divorces, estate settlements, or investment properties.
What About “For Sale By Owner” (FSBO) Sales?
If you’re selling your home without a real estate agent, having an attorney is even more important. In an FSBO transaction, your attorney can:
- Prepare the entire contract
- Guide you through required disclosures
- Handle all closing arrangements
- Ensure full legal compliance
Legal support gives you the confidence to sell independently.
Related Reading
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Final Thoughts
So, what does a real estate attorney do in a home sale? Just about everything necessary to protect you from risk. From contract to closing, their expertise ensures that your rights are safeguarded, your documents are accurate, and the transaction meets all legal requirements.
Selling your home?
Contact McCormick Law Offices to work with an experienced Rhode Island real estate attorney.
