A residential real estate lawyer may be the most important step as you begin your property purchase negotiations. If you are a buyer you will likely hire a home inspector to look for defects and problems at the property, a lender to create the loan and a title company to generate title. Why You Need a Lawyer When You Buy or Sell a House. In the absence of an agreement to the contrary, the seller may become liable to pay a brokerage commission even if a sale does not occur, or to pay more than one brokerage commission. If the agreement allows the seller the right to negotiate on his or her own behalf, for example. Do you need to hire a real estate attorney at all? Granted, real estate deals are complicated transactions, so the last thing you want is to land in legal hot water. Attention Home Buyers: Why You Need a Lawyer. Real estate deeds often need to be filed at the county and state level. An attorney will be able to do this quickly and efficiently. Also, if the transaction involves property where certain types of construction might not be allowed, an attorney. Real Estate Agents Role in a New York Home Sale. A real estate agent, or listing agent, is typically the first person hired in connection with selling a home. The agent will advise you on comps, or the prices for which comparable homes sold, and help you to determine the price at which you will list your home. How can the answer be improved. Why you need a lawyer to help you buy real estate in Illinois: a lawyer can explain your legal rights, obligations options, amend the contract in your favor, advocate for you and minimize your risks, explain your loan and closing documents to you Thomas Norwood Jacobson's Real Estate Legal Blogs. If you need a lawyer to represent you, ask your friends or the local bar association for names of attorneys in your town. Then, check their credentials and ask for references before you get into the transaction too. For the most part, a real estate agent's help is not legally required, though agents can help you with tasks that border on legal ones, such as preparing a home purchase contract. In some states, however, only a lawyer is allowed to prepare the home purchase documents, perform a title search, and close the deal. Different areas require particular sets of paperwork and forms for all real estate transactions, and failure to use the correct papers can result in delays and loss of time and money in filing fees. Mortgage lenders can require a buyer use a real estate attorney in order to avoid mistakes.