Summary of which states require attorneys for real estate closings and which allow title companies to handle closings:

States Requiring Attorneys for Closings

Several states require licensed attorneys to be involved in or conduct real estate closings:

• Alabama
• Connecticut
• Delaware
• Georgia
• Kentucky
• Maine
• Massachusetts
• Mississippi
• New Hampshire
• New Jersey
• New York
• North Carolina
• Rhode Island
• South Carolina
• Vermont
• West Virginia

Key Points About Attorney Requirements

• In some states, attorneys must be physically present at closings (e.g., South Carolina).
• Other states require attorney supervision but not necessarily physical presence (e.g., Kentucky).
• The level of attorney involvement varies by state. For example:
• Massachusetts requires attorneys to be actively involved before and during closing.
• North Carolina attorneys handle most closing functions except issuing title insurance.

States Allowing Title Companies

Many states allow title companies or other non-attorneys to handle real estate closings, including:

• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Minnesota
• Missouri
• Montana
• Nebraska
• Nevada
• New Mexico
• Ohio
• Oregon
• Pennsylvania
• South Dakota
• Tennessee
• Texas
• Utah
• Virginia
• Washington

Mixed Requirements

Some states have mixed or unique requirements:

• Florida: Attorneys are typically involved, but the extent may vary.
• New Jersey: Attorneys usually conduct closings in the northern part of the state, while title companies handle them in the southern region.
• Oklahoma: Requires an attorney for title examination but not necessarily for other aspects of closing.

It’s important to note that even in states where attorneys are not required, they may still be recommended, especially for complex transactions or when dealing with specific circumstances like bank-owned properties, out-of-state purchases, or homes with structural damage.

In the course of our business, we not only recommend to hire an attorney review the legal aspects of any deal, but it’s almost imperative for a successful transaction, hiring a specialized attorney with specific familiarity and competence in real estate investments. An only generic real estate attorney typically lacks the expertise to professionally evaluate deals that are not mainstream. A lawyer can easily wreck a deal just because of lack of training, understanding and experience in a specific form of closing, like all other real estate professionals potentially involved in a closing, like real estate agents and brokers, home inspectors, mortgage brokers and so on.