Real Estate Lawyer vs. Real Estate Agent: Who Does What?
- Sara Naheedy, Esq.
- Jul 30
- 2 min read
When you're buying or selling property, you'll hear a lot about the importance of working with the right professionals. Two key players in most transactions are the real estate agent and the real estate attorney. While both are essential, their roles are very different.
Here’s a clear breakdown of who does what, when you need each one, and how they work together to protect your interests.
Real Estate Lawyer vs Real Estate Agent
What a Real Estate Agent Does
A real estate agent is licensed to help clients buy, sell, or rent property. Their main focus is on the business and logistics of the transaction.
Key responsibilities:
Listing and marketing the property
Scheduling showings and open houses
Negotiating the price and terms of the deal
Drafting purchase agreements (usually using standard forms)
Coordinating with lenders, inspectors, and appraisers
They’re experts in the local market and often the first point of contact for buyers and sellers.
However, real estate agents cannot give legal advice or draft custom contracts. That’s where a lawyer comes in.
What a Real Estate Lawyer Does
A real estate attorney handles the legal side of the transaction. They make sure everything is done properly, protects your legal rights, and helps prevent future problems.
Key responsibilities:
Reviewing and drafting purchase and sale agreements
Explaining the legal implications of contingencies, disclosures, and timelines
Resolving title issues, liens, or boundary disputes
Negotiating repairs, credits, or legal addenda
Preparing deeds, notes, and seller financing documents
Representing you in disputes, mediation, or litigation if necessary
In some states, hiring a real estate attorney is required for closing. In California, it’s not required, but it's often a smart move.
When You Need a Real Estate Lawyer (Even If You Have an Agent)
Even with a great agent, there are times when legal guidance is essential:
You’re buying or selling without a realtor (FSBO)
There are title issues or legal disputes
You need a custom agreement or creative financing
You’re buying a property in probate or with tenants in place
The deal is falling apart and you need to protect your interests
A real estate attorney adds a layer of protection that agents aren’t allowed to provide.
How Real Estate Agents and Lawyers Work Together
The best real estate transactions happen when the agent and attorney communicate and collaborate. Each brings a different strength to the table:
Role | Real Estate Agent | Real Estate Lawyer |
Market guidance | Yes | No |
Negotiation support | Yes | Yes (for legal terms) |
Legal documents | No (beyond standard forms) | Yes |
Legal Advice | No | Yes |
Dispute resolution | No | Yes |
The agent helps you get the deal done, while the lawyer helps you do it safely and correctly.
Real estate agents and lawyers play different roles, but both are important for a smooth transaction. If you’re buying or selling in California and want to make sure your legal bases are covered, working with a real estate attorney can give you peace of mind and help prevent costly mistakes.
Need help reviewing or drafting documents for your next deal?
Contact Sara Naheedy Law for trusted legal support throughout your real estate transaction.
Real Estate Lawyer vs Real Estate Agent