Questions to Ask Real Estate Lawyer
Questions for working with a real estate lawyer while a deal is live: which dates bind you, where your deposit sits, what the title and survey turned up, what happens at closing, and what your options are if the deal breaks down.
The questions
Open any question for the note
Which parts of this deal will you handle personally, and which will your paralegal?
Why ask it
Delegation is normal and often good value, but you should know who is reading the contract and who is filling in forms. Ask what the paralegal's work gets checked against before it goes out.
How quickly do you usually respond, and how do you prefer I reach you?
Why ask it
Slow responses are a common complaint about transactional lawyers, and property deadlines do not move for anybody. A stated turnaround gives you something to hold them to later.
Which dates in this contract can I not miss?
Why ask it
Contracts run on notice dates rather than intentions, and one missed date can end your right to walk away with your deposit. Ask for the dates as a single list you can put straight into a calendar.
What do you need from me, and by when, so nothing waits on paperwork?
Why ask it
Closings usually stall over identification, insurance binders, and funds documentation. Getting the list early moves the delay off your side of the table.
Reading this purchase agreement, what would you push back on?
Why ask it
Naming specific clauses shows they read your contract rather than the template. If everything is described as standard, ask specifically about remedies and the notice provisions.
Where is my deposit held, and who controls its release?
Why ask it
An escrow account, a law firm trust account, and money held by a brokerage are not the same protection. This is also the moment to ask how wire instructions will be verified, because closing wire fraud is a real risk.
What did the title commitment turn up, and which exceptions matter to me?
Why ask it
Title exceptions are the fine print that survives closing: utility easements, mineral rights, restrictive covenants. Ask which of them would limit how you use or resell the property.
Is there anything on the survey that does not match the deed?
Why ask it
Encroachments and setback violations only appear when the survey is compared with the legal description. This is one of the few checks nobody else in the transaction will perform for you.
Who owns the fence, driveway, or shared access here, and is it written down anywhere?
Why ask it
Shared features cause a large share of neighbor disputes and are often governed by nothing but habit. Documenting the current arrangement before closing is far cheaper than arguing about it later.
What happens legally if the inspection finds something serious?
Why ask it
Inspection findings interact with the contract: a repair credit, a price change, or a clean exit each have their own notice requirement. Ask about the deadline before you order the inspection, not after.
If the appraisal comes in low, what do my contract terms let me do?
Why ask it
A low appraisal is a financing problem with contractual consequences, and whether you can renegotiate or leave depends entirely on the wording. Ask before it happens rather than in the two days you would have to react.
Am I taking on any of the seller's obligations, such as leases, service contracts, or unpaid assessments?
Why ask it
Assumed obligations transfer quietly: an existing tenancy, a leased solar system, a prepaid service agreement, dues in arrears. Each one is a cost you did not price into your offer.
What will the closing statement look like, and can you check it before I sign?
Why ask it
Closing statements contain errors and unexplained fees, and the review window is short. Ask for it a day in advance rather than reading it at the table with people waiting.
How does the deed get recorded, and how will I know it happened?
Why ask it
Recording is what makes your ownership public, and gaps do occur. Knowing the expected timeline lets you confirm it rather than assume it.
If the seller does not move out on time, what is the process?
Why ask it
Holdover sellers are more common than buyers expect, and removing a former owner is slow. Ask whether the contract has a daily penalty or an escrow holdback attached.
If this becomes a dispute, do you handle litigation or refer it out?
Why ask it
Many transactional lawyers do not litigate, which matters if the deal collapses. Referring out is fine, but you want to know before you are relying on them to act quickly.
What would mediation or arbitration cost compared with going to court here?
Why ask it
Cost and speed differ substantially between the three, and some contracts require one of them before any other step. Only local answers are useful, since it varies by county and court.
What records should I keep after closing, and for how long?
Why ask it
The deed, title policy, closing statement, disclosures, and permit records matter for insurance claims and for calculating gain when you sell. Ask what they retain and what only you will have.
If I want to rent this out or build on later, what should I check now instead of then?
Why ask it
Rental rules, zoning, and association restrictions are cheap to verify before closing and expensive to discover afterwards. This question turns your plans into diligence items while you can still act on them.
What goes wrong most often in deals like mine?
Why ask it
Their pattern recognition covers hundreds of local transactions. What they name first is what you should be watching, and it usually is not what you had been worrying about.
Working with your lawyer during a deal
Practical guidance for the conversation itself
The first conversation
- 1Send the contract, disclosures, and any inspection or title documents before the call so the time is spent on advice rather than reading.
- 2Say what you plan to do with the property. Renting, subdividing, or building changes which clauses matter and which searches are worth paying for.
- 3Ask for the engagement letter in writing, with the scope and fee basis stated. Verbal scope is where later disagreements come from.
- 4Agree how you will communicate and how fast, then put every deadline they give you into a calendar with a reminder a week early.
Lawyer, agent, or title company
Ask your lawyer
Anything about what the contract obliges you to do, what a title exception means, whether a notice was valid, and what your options are if the other side fails to perform.
Ask your agent
Pricing, local custom on who pays what, scheduling, and negotiation strategy. Agents are useful on markets and unreliable on legal consequences, and they are paid on the deal closing.
Ask the title company or closing agent
Payoff figures, recording timelines, wiring logistics, and what appears on the settlement statement. Confirm wire instructions by phoning a number you looked up yourself, never one sent by email.
Signals worth acting on
- Being told a document is standard and does not need reading. That is the moment to slow the process down.
- A deadline explained to you after it has passed. Ask immediately in writing what rights were lost and what can be recovered.
- Pressure to sign at closing without having seen the statement. Ask for time; the closing agent can wait.
- Any change to wiring instructions, at any point, from anyone. Assume fraud until you have verified it by phone.
- A lawyer who will not tell you when a fight is not worth the fees. Candor about cost is a good sign, not a lack of confidence.
After it closes
- Confirm the deed was recorded and keep the recording reference with your documents.
- Keep the closing statement with your tax records. It matters years later when you calculate gain on a sale.
- Store the title policy somewhere you will find it. It is the document you need if an ownership claim appears.
- Note the deadlines your lawyer gave you for post-closing claims, since they are short and start running at closing.
- If something surfaces later, contact them before doing repairs. Fixing a defect can weaken a claim about who should have paid for it.