Real Estate Lawyer or Real Estate Agent: Which One Should You Choose When Buying a Home?
If you are buying a home for the first time, especially in a competitive state like California, you may be wondering if you really need a real estate agent. You may have heard that an attorney can review contracts and help you close the deal, possibly saving you money on commissions. While this sounds appealing, it is not always the smart or safe choice, especially for buyers who are new to real estate.
I want to walk you through the differences between using a real estate lawyer and using a real estate agent, based on years of experience and on stories I have heard from buyers who tried to do it on their own. Let us dive into the pros, cons, and risks of each approach.
What Does a Real Estate Agent Do?
A licensed real estate agent does a lot more than open doors. They advise you on market trends, help you identify the right neighborhoods, set up private showings, and walk you through each part of the process. They assist with writing offers, negotiating terms, coordinating inspections and repairs, and keeping the transaction on track. Good agents also act as your emotional anchor, helping you make smart decisions even in stressful situations.
Traditionally, the seller often covered the commission for both their agent and the buyer’s agent. However, with recent changes in industry practices, including updates related to the National Association of Realtors settlement, this is starting to shift. In some transactions, the seller may still offer to pay the buyer’s agent or provide a concession that helps the buyer cover those costs. It is now more important than ever to have a clear conversation with your agent about how their fee will be handled and to understand your responsibilities before making an offer.
What Does a Real Estate Lawyer Do?
A real estate lawyer is there to protect your legal interests. They can review contracts, identify red flags in title documents, prepare legal paperwork, and attend the closing. They are especially useful in complex situations involving estate sales, divorces, zoning issues, or commercial properties. Lawyers are paid either hourly or by flat fee, and they typically charge less than an agent would earn in commission.
That said, a lawyer does not schedule your showings. They do not negotiate your deal. They do not help you write a competitive offer or respond quickly when a seller comes back with a counter. They will not spend evenings and weekends texting with you about your concerns or walking a property with you to spot inspection issues. They stay behind the scenes and only appear when paperwork is involved.
What You Risk by Not Using an Agent
Some buyers are tempted to cut corners and skip the agent, thinking they can lean on a lawyer for the legal stuff and handle the rest themselves. In theory, that sounds fine. In reality, it often causes problems.
I have seen buyers miss important details in contracts, misunderstand contingencies, or fail to negotiate properly. Some were too slow to respond in fast markets, and others left money on the table because they did not have access to market data or pricing comps. Even worse, buyers who spoke directly with sellers without professional guidance sometimes found themselves in legal disputes over verbal promises that were never written into the contract.
You Do Not Know What You Do Not Know
The biggest danger is not knowing what you are missing. A skilled real estate agent protects you from hidden issues and gives you the clarity to make good choices. They have access to local insights, tools, and industry contacts you may not even realize you need. They help you move fast and smart in a market where delays or indecision can cost you the house.
A lawyer is valuable, especially during closing. But unless you are a real estate expert yourself, a lawyer should not be your only resource.
When to Use Both
There are times when having both a lawyer and an agent makes sense. If you are buying a property with legal complications or a unique title issue, having a lawyer in addition to your agent gives you the best of both worlds. In fact, in some states such as California, Illinois, and New York, a lawyer is required to conduct the closing process. In these cases, having both professionals involved is not only beneficial but necessary. Still, using only a lawyer and expecting them to serve the full role of a real estate professional is asking too much.
Final Thoughts
Buying a home is not just a transaction. It is a personal and emotional investment. You need someone who can guide you through the process, not just handle the paperwork. While a lawyer may save you money up front, they cannot replace the comprehensive service that a seasoned real estate agent provides.
If you are thinking about buying and are unsure which path is right for you, let us talk. I can connect you with a vetted, experienced real estate agent in your area who will make sure you are protected, informed, and successful throughout your home buying journey.
