This is one of the first questions every FSBO seller asks, and the honest answer is: it depends where you live. Here’s the general landscape, and where to confirm your specific requirement.
- Requirements vary significantly by state, some require an attorney at closing, most don’t.
- Even where it’s not required, a real estate attorney can be worth the flat fee for contract review and disclosure compliance.
- Title companies and escrow agents handle much of the paperwork in non-attorney states.
- This isn’t legal advice, confirm your state’s actual requirement with your county or a local attorney before assuming either way.
It’s a state-by-state answer
A handful of states, including several in the Northeast such as New York and Massachusetts, legally require an attorney to be involved in a residential closing. Most other states don’t require one. This can vary by state and sometimes by county, so don’t assume based on what you’ve heard about a friend’s sale elsewhere.
Where FSBO sellers usually need help even if it’s not required
- Reviewing or drafting the purchase agreement.
- Making sure required seller disclosures are complete, a missing disclosure is one of the most common sources of FSBO disputes after closing.
- Handling anything unusual, an estate sale, a title issue, a contingency dispute.
Who actually handles the paperwork in non-attorney states
In states that don’t require an attorney, a title company or escrow agent typically manages the closing paperwork, holds funds in escrow, and ensures the deed transfers correctly, for a fee that’s often built into standard closing costs either way.
A flat-fee attorney is often worth it
Many real estate attorneys offer flat-fee FSBO packages, contract review plus closing support, for a few hundred dollars, well below a full commission, and it can catch a problem before it becomes an expensive one.
This is general information, not legal advice. Confirm your state and county’s actual requirements with a local real estate attorney or your county recorder’s office.
How Hear My Home fits: it doesn’t touch the legal side of your sale, that part’s still on you or your attorney, but it can help you get more qualified buyer interest while you’re sorting the rest out. See how it works for FSBO →