The Indispensable Role of Lawyers and Title Companies in Real Estate Transactions

The main difference between a real estate attorney and a title company in a real estate transaction is that a real estate attorney can provide legal advice, while a title company cannot: 

  • Legal advice

    A real estate attorney can provide legal advice and guidance throughout the transaction, including when disputes arise. A title company cannot provide legal advice or answers to legal questions. 

  • Role in the transaction

    A real estate attorney has a broader role in the transaction, including drafting documents, advising on negotiations, and representing the client at closing. A title company's role is limited to preparing basic documents and issuing title insurance. 

  • Conflicts of interest

    A title company works for the title insurer and may have conflicts of interest, while a real estate attorney focuses on the client's best interests. 

Here are some other things a real estate attorney and a title company do in a real estate transaction: 

  • Title searches

    Both a real estate attorney and a title company conduct title searches to check the property's history and title. 

  • Liens and debts

    Both a real estate attorney and a title company help resolve lien and title matters, and ensure that debts are paid off at closing. 

  • Title insurance

    A title company issues title insurance to the buyer once all requirements have been met.