It is one of the first questions sellers ask me: do I really need a lawyer to sell my house in New Jersey? The answer depends on where in the state you are, so here is how it really works in South Jersey, based on 23 years of closings.
North Jersey vs. South Jersey
If you are buying or selling in North Jersey, attorneys are involved almost 100% of the time. Once the home is under contract, the attorneys step in and finish the process.
South Jersey is different. An attorney is not required here, and in my experience roughly 80% of sales happen without one, with about 20% of buyers and sellers choosing to use an attorney. Where attorneys are not involved, the agents, the title company, and the lender handle the paperwork and the closing.
You always have the right to an attorney
Whether you use one is your choice. The first page of the agreement of sale states that if you would like to be represented by an attorney, you have the right to do so. New Jersey contracts also include an attorney review period, which typically runs three business days after signing, so if you want a lawyer to look at the contract, you have the time to do it.
You can also ask me, or your own agent, for a copy of the contract before you sign anything. I am always happy to send it over so you can read it, take your time, and have someone you trust look at it.
When should a South Jersey seller consider hiring one?
- You want someone to review the contract for you before you sign
- The sale is complicated, such as an estate, a divorce, or a title question
- There are liens, old permits, or other issues that need legal attention
- You simply want the extra peace of mind
How much does an attorney cost?
Fees vary by firm and by how complicated the sale is. Many attorneys quote a flat fee for a standard residential sale. Ask for the number up front and what is included. To see how it fits into the whole picture, read my guide to the cost of selling a house in South Jersey.
What about selling for sale by owner?
You can sell without an agent, but I would still make sure the contract is reviewed and the paperwork is done right. To learn how I work with sellers, read about how I help sellers or find out what your home could sell for with a free home value report.
Selling in a specific town?
Every town has its own local steps, from inspections to certificates. See my guides for Cherry Hill, Moorestown, Mount Laurel, Marlton, Voorhees, Cinnaminson, Maple Shade, and Delran. Also see what sellers need to know about the Certificate of Occupancy.
Questions? Call me at 856-220-1874. No pressure, just honest answers.
I am a Realtor, not an attorney, and this is general information, not legal advice. If you have legal questions about your sale, please speak with a New Jersey real estate attorney.
Jerry Mac
Keller Williams Realty
856-220-1874
www.southjerseyrealty.com