Why do I need an attorney when selling real estate in Virginia?

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I am the seller of real estate in VA and have been asked by the closing attorney who will be representing me in the transaction? I reside in MD and have never been represented by an attorney when selling property there. The title attorney in MD performs the closing and the fee appears as closing cost of the buyer. What extra legal task must I perform - as a seller in VA - that the closing attorney for the buyer in VA will not perform to assure the buyers title is perfected and protected?

Attorney Answers

3
Haeyong Lee ·
Typically you wouldn't need an attorney representing you when selling residential property in Virginia. If the property is non-residential, there will be many more issues depending on the type and use of the property; you should consult an attorney. Without more details, your question is difficult to answer.
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James C. Brincefield Jr.Real Estate AttorneyAlexandria, VA ·
You are not legally required to employ an attorney in order to sell real estate that you own in VA. However, you would be well-advised to hire a knowledgeable VA real estate attorney to represent you at the closing. From your statement that the "closing attorney" has asked you who is representing you for purposes of settlement, I assume that you and the buyer(s) have agreed to, and properly signed, a written contract containing all of the necessary terms of sale. That's a big--and potentially dangerous--assumption to make. You may be unaware of some of the rights and duties you will have at settlement. You may not even have an enforceable sales contract. If you don't employ an attorney to represent your interests at settlement, and anything important comes up at settlement that you are not prepared for, who will advise you and represent your interests in negotiating a resolution of the problem? The settlement attorney cannot represent both you and the buyer(s). Any non-lawyers present are prohibited by law from giving any legal advice. Do you know how the settlement costs are to be allocated between you and the buyer(s)? Are you required to provide any Reports (Termite, septic, compliance with Code, etc.) at settlement? Have you agreed to correct any defects in the property? Have you agreed to pay any costs or expenses for the buyer(s)? Are there any significant issues about the sale that haven't been finalized? The cost of employing an attorney to represent you at settlement is a small fraction of what it could cost you if you don't have one and an unforeseen problem arises. Ask yourself: would you rather have a lawyer at settlement and not need him/her or need one and not have one? Based on 45 years of practicing real estate law and seeing all the kinds of problems that can unexpectedly arise at settlement--- even if you have had the benefit of a lawyer's advice when you negotiated the terms of the sales contract---the cost of having an attorney at least available at the time of settlement is a small amount to pay for peace of mind. Suggestion for the Savvy Consumer: you can have the best of both worlds (adequate legal representation and the lowest possible cost) by finding a knowledgeable real estate attorney who will work with you by (1) arranging with the settlement attorney to provide to him/her copies of the unsigned settlement documents by email to review before settlement and (2) arranging to be available by phone during the time of settlement so that you can call him/her for advice just in case an unforeseen problem arises at settlement.
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