20 Questions

Questions to Ask Real Estate Attorney

Essential questions to ask a real estate attorney before buying, selling, or dealing with property issues to protect your interests and avoid costly mistakes.

1

What is your experience with cases or transactions like mine?

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Why this works

Ensures they have relevant expertise in your specific situation.

2

What services do you provide, and what will you handle in this transaction?

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Why this works

Clarifies scope of work and what you can expect from their involvement.

3

How much do you charge, and how are your fees structured?

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Why this works

Provides transparency on costs—hourly, flat fee, or contingency.

4

What potential legal issues or risks do you see with this property or transaction?

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Why this works

Surfaces red flags early so you can address them or walk away.

5

Can you review the purchase agreement or contract and explain any concerns?

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Why this works

Ensures you understand terms and aren't agreeing to unfavorable conditions.

6

What should I look for in the title search and title insurance?

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Why this works

Protects against liens, claims, or defects in property ownership.

7

Are there any zoning, easement, or land use issues I should be aware of?

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Why this works

Reveals restrictions on how you can use or develop the property.

8

What disclosures is the seller required to make, and have they been provided?

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Why this works

Ensures transparency and compliance with state disclosure laws.

9

What contingencies should I include in the contract to protect myself?

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Why this works

Identifies safety nets like inspection, financing, and appraisal contingencies.

10

What happens if the other party breaches the contract?

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Why this works

Clarifies remedies and whether you have legal recourse.

11

What are the tax implications of this transaction?

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Why this works

Addresses capital gains, property taxes, or deductions you should know.

12

What closing costs should I expect, and who pays for what?

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Why this works

Prepares you financially and ensures costs are allocated fairly.

13

How long will the closing process take, and what can delay it?

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Why this works

Sets realistic timelines and helps you plan.

14

What documents will I need to provide or sign at closing?

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Why this works

Ensures you're prepared and understand what you're agreeing to.

15

Are there any environmental issues or concerns with the property?

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Why this works

Identifies contamination, flood zones, or hazards that affect value and safety.

16

What are my rights and obligations if I find issues after closing?

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Why this works

Clarifies recourse if defects or problems surface post-purchase.

17

Can you negotiate on my behalf with the other party or their attorney?

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Why this works

Ensures they'll advocate for your interests and handle tough conversations.

18

What insurance do I need beyond homeowner's insurance—title, liability, etc.?

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Why this works

Protects you from unforeseen risks and financial exposure.

19

What should I do if I discover the seller lied or withheld information?

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Why this works

Clarifies legal options if fraud or misrepresentation occurs.

20

Is there anything else I should know or ask that I haven't thought of?

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Why this works

Invites the attorney to flag issues or advice you may have overlooked.

Working with a Real Estate Attorney

Expert tips and techniques for getting the most out of these questions.

Why You Need a Real Estate Attorney

They protect your interests and ensure contracts are fair and legally sound.
They identify issues agents or lenders may miss or gloss over.
They handle complex legal matters like title defects, disputes, or litigation.
In some states, attorney involvement in closings is required by law.

When to Hire One

1
Before signing a purchase agreement or contract—prevention is cheaper than fixing mistakes.
2
If the transaction is complex—foreclosures, short sales, commercial property, or disputes.
3
If you're buying or selling without an agent and need legal guidance.
4
If issues arise during the transaction—title problems, contract breaches, or delays.

Red Flags to Watch For

Attorneys who rush you through documents without explaining them.
Lack of responsiveness or difficulty reaching them with questions.
Vague or evasive answers about fees, risks, or process.
Conflicts of interest—representing both buyer and seller or having ties to other parties.

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