“Is it always best to have an attorney when you sell your house. I am selling my house back to the County I live in due to problems with the house. The County originally had the house built years ago. They are buying the house back for the exact amount I owe the bank and forgiving the grant I owe them. As you see I am not making any profit at all so I am trying to keep costs down. There are no realtors involved, I have to pay the usual seller fees. I would appreciate your advice.”

Unfortunately, the answer is “it depends.”

In some states it is customary for attorneys to be involved in most property transactions, and in others it is rarely done, though it is always an option. As an attorney, my inclination is to say that it’s always a good idea to have an attorney to check things out, but the reality is that many transactions go forward without one. The risk of not having an attorney is that you may not be aware of something that comes back to harm you later.

If you are concerned about the particulars of your transaction, you may be able to have an attorney just review the contract for a relatively low fee.


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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.