What Is an Attorney State in Real Estate?
An attorney state is a state where a real estate attorney plays a required or central role in the closing process. Here’s what that means, how it works, and why it matters.
💡 Quick Answer
An attorney state is a state where a licensed real estate attorney is required or customarily involved in preparing documents, conducting the closing, or representing one or more parties in a real estate transaction.
📌 What Being an Attorney State Means
In an attorney state, the closing process is typically overseen by a real estate attorney rather than a title company or independent escrow company.
- An attorney may prepare or review closing documents
- An attorney may conduct or attend the closing
- Legal advice is available as part of the closing process
- Title and escrow functions may still be involved
⚖️ What Real Estate Attorneys Do in Attorney States
The specific role of a real estate attorney varies by state, but commonly includes:
- Drafting or reviewing purchase agreements
- Reviewing title and resolving legal issues
- Preparing or approving closing documents
- Explaining legal obligations to buyers and sellers
🧾 Are Real Estate Attorneys Required?
In some attorney states, an attorney is legally required to conduct or supervise the closing. In others, attorney involvement is not strictly required by law but is considered standard practice or strongly recommended.
Requirements vary by state and may differ for buyers, sellers, or lenders.
📊 Attorney State vs. Title State
Attorney states differ from title states, where closings are typically handled by title companies or escrow agents without mandatory attorney involvement.
Understanding which type of state you are in helps clarify who oversees the closing and where legal responsibility lies.
📌 Key Takeaway
An attorney state is a state where real estate attorneys play a required or customary role in the closing process, providing legal oversight that is not always present in title states.
🚀 Buying or Selling in an Attorney State?
Brokerless works with attorney-state closings while helping buyers and sellers avoid unnecessary commission costs.