Questions to Ask Real Estate Attorney
Questions for hiring and briefing a real estate attorney on a purchase, sale, or property problem: scope and fees, contract clauses, title and zoning, closing costs, and what recourse you have afterwards.
The questions
Open any question for the note
Have you handled transactions like this one, and how recently?
Why ask it
Property practice is local and specialized: an attorney who mostly does routine residential closings may be the wrong fit for a short sale, a probate sale, or commercial space. Recency matters because disclosure and closing rules change.
Who exactly are you representing, and does anyone else in this deal have a relationship with your firm?
Why ask it
Dual representation and referral ties to the agent, lender, or title company are the main conflicts in property work. Asking for the answer in writing is a normal request, not an insult.
What will you do in this transaction, and what are you leaving to the agent, lender, or title company?
Why ask it
Scope gaps cause most unpleasant surprises: the buyer assumes someone reviewed the survey and nobody did. Ask where their work stops and the title company's begins.
How do you charge, and what is your best estimate of the total for a deal like mine?
Why ask it
Flat fee, hourly, and per-document billing produce very different totals once a deal gets complicated. An estimate with the assumptions spelled out is worth more than an hourly rate.
Looking at this contract, which clauses would you change before I sign?
Why ask it
This is the question that earns the fee. An attorney who calls the contract standard without naming a single clause has probably not read it closely yet.
What contingencies should be in here, and what deadline attaches to each one?
Why ask it
Inspection, financing, and appraisal contingencies only protect you if the dates work and the notice is delivered properly. Ask who is responsible for sending each notice, you or them.
What does the title search show, and are there liens, easements, or boundary problems?
Why ask it
Old easements, contractor liens, and unrecorded rights of way surface here, and they limit what you can build and later sell. Ask to see the title commitment itself rather than a summary of it.
Do I need an owner's title policy, and what does the lender's policy not cover me for?
Why ask it
The lender's policy protects the loan, not your equity, which surprises most first-time buyers. A good answer covers what is excluded and what an extended endorsement would add.
What is this property zoned for, and would my plans need a variance?
Why ask it
Zoning decides whether a rental unit, a home business, or an addition is legal at all. Verbal assurance from a seller or an agent carries no weight here.
Which disclosures does the seller owe me in this state, and have they all arrived?
Why ask it
Disclosure duties vary sharply by state and some are triggered only when you ask. Missing disclosures are leverage before closing and a much weaker complaint afterwards.
Are there association documents, assessments, or pending litigation I should read before I am committed?
Why ask it
Association finances, special assessments, and lawsuits can add thousands a year and often arrive late in the process. Many states give a defined review window that is easy to waste.
Is there anything in the survey, flood maps, or environmental records that concerns you?
Why ask it
Flood zone status, an old fuel tank, or a boundary encroachment changes insurance cost and resale value. Ask which searches they actually run rather than assuming a standard set.
Are the permits and certificates in order for the work that has been done here?
Why ask it
Unpermitted work becomes your problem at closing: an insurer can deny a claim and a future buyer's lender can decline the loan. Ask what legalizing it would cost.
Who pays which closing costs under this contract, and is that normal here?
Why ask it
Cost allocation is negotiable and regional custom differs considerably. Knowing what is customary tells you whether the contract is tilted against you.
What could delay closing, and what happens to my deposit if it does?
Why ask it
Delays over appraisal, financing, and title clearance are routine, and the contract decides whether they cost you money or just time. Ask what a written extension looks like.
If the other side walks away, what can I actually recover and what would pursuing it cost?
Why ask it
Specific performance, damages, and keeping the deposit are very different remedies with very different price tags. A candid attorney will tell you when pursuing it is not worth the fees.
If I find a problem after closing, what recourse do I have and for how long?
Why ask it
Post-closing remedies depend on disclosure law, survival clauses, and elapsed time. Get the deadlines written down at the start, because they are shorter than people expect.
Beyond a standard homeowner's policy, what coverage would you want on this property?
Why ask it
Title, umbrella liability, flood, and builder's risk cover different failures, and lenders only require some of them. Ask which risks they have seen actually materialize in this area.
What will I be signing at closing, and can I see the documents beforehand?
Why ask it
The signing packet is long and normally read under time pressure at the table. Nearly every closing agent will send it a day early if someone asks.
What have I not asked that you would want to know in my position?
Why ask it
Ends by using their pattern recognition instead of your checklist. An attorney who raises something you had not considered has already justified part of the fee.
Working with a real estate attorney
Practical guidance for the conversation itself
What an attorney adds that others do not
- The agent is paid on completion and the lender is protecting its loan. The attorney is the only party in the deal whose duty runs to you alone.
- Contract review is where most of the value sits: remedies, notice provisions, and what survives closing are rarely negotiated by anyone else.
- Title exceptions, survey discrepancies, and unpermitted work are the three problems that routinely slip past everyone else in a transaction.
- In several states an attorney is required at closing. Where it is optional, the fee is usually small relative to the size of the transaction.
When to bring one in
- 1Before you sign anything, including a letter of intent. Reviewing a contract you have already signed is a much narrower job.
- 2As soon as the deal is anything other than routine: probate or estate sale, short sale, foreclosure, seller financing, commercial property, or a tenant in place.
- 3When you are buying or selling without an agent and nobody else is preparing the paperwork.
- 4The moment a problem appears mid-deal: a title defect, a failed inspection, a missed deadline, or a party who has stopped responding.
What to send before the first call
- The contract or draft contract, with all addenda and any counteroffers.
- The listing sheet, seller disclosures, and any inspection reports you already have.
- The title commitment and survey, if they have been issued yet.
- Association documents, budgets, and meeting minutes for a condo or a community with dues.
- A short note on what you plan to do with the property, since renting, subdividing, or building changes which questions matter.
Red flags in the attorney themselves
- Being walked through documents at speed with no explanation offered, particularly at closing.
- No clear answer on fees, or an estimate that keeps moving without a reason attached.
- Slow responses during a deal with fixed deadlines. Ask about turnaround before you engage, then hold them to it.
- Representing both sides, or a firm relationship with the agent or lender that was not disclosed until you asked.
- Discouraging questions about title exceptions or survey findings rather than explaining them.