Partnerships

How to find a transactional attorney for an out-of-state closing

Finding a transactional attorney for an out-of-state closing requires focusing on professionals with experience in your specific deal structure and the state's real estate law. You begin by tapping into investor networks and requesting referrals from other investors who operate remotely.

October 29, 2026 · 4 min read

Why you need a local transactional attorney

When you are doing an out-of-state deal, especially a double close that might involve transactional funding, a local transactional attorney is not just helpful, he or she is essential. Real estate laws and closing procedures vary significantly from state to state, and even county to county. An attorney familiar with local nuances can navigate these complexities seamlessly.

This attorney ensures your contract is enforceable in that state, manages the escrow and closing process, and protects your interests. For a double close, he or she handles the back-to-back transactions, often acting as the closing agent for both, ensuring a clean transfer of funds and deeds without you needing to be physically present.

Where to look for attorney referrals

Start by tapping into your network of fellow investors. If you know other investors who do deals in the target state, ask them for referrals to attorneys they trust for transactional funding or wholesale deals. Word-of-mouth recommendations from experienced peers are often the most reliable.

Online investor forums or local real estate investor associations (REIAs) in the target state can also be good sources. Search for attorneys who specialize in real estate, particularly those who mention investor services, title work, or escrow services on their websites. You can also contact the state bar association for a list of real estate attorneys, though this might require more vetting on your part.

What to ask a potential out-of-state attorney

When you interview potential attorneys, ask specific questions about their experience. Inquire about how many double closes they have handled, especially those involving transactional funding. Ask if they are comfortable working with out-of-state investors and if they have systems in place for remote communication and document signing.

Clarify their fees upfront: do they charge a flat fee per closing, or an hourly rate? What is included in their closing costs? Also, ensure they are proficient with the specific types of contracts you use, such as assignment agreements or novation agreements, and understand how to navigate them within the state's legal framework.

The attorney's role in a double close

In a double close, the transactional attorney typically plays a pivotal role. He or she will often act as the settlement agent, handling both the A-B (seller to you) and B-C (you to end buyer) transactions. This means receiving funds, preparing settlement statements, drafting deeds, and ensuring all documents are properly executed and recorded.

He or she ensures that the funds from the B-C transaction are used to fund the A-B transaction, often without your transactional lender needing to record a lien on the property. This is a delicate dance, and you need an attorney who is not just legally competent but also experienced in the practical mechanics of this specific closing method.

Maintaining communication from a distance

Effective communication is paramount when working with an out-of-state attorney. Establish clear expectations for communication frequency and methods. Will he or she communicate via email, phone, or a client portal? Ensure he or she understands your need for timely updates, especially during critical phases of the closing process.

You should also provide him or her with all necessary documents promptly. This includes your purchase agreements, assignment contracts, and any transactional funding documents. Being organized on your end will greatly assist the attorney in keeping the process smooth and on schedule, minimizing potential delays that can arise from distance.

Final vetting and building the relationship

Before committing to an attorney, do your due diligence. Check their online reviews, if available, and verify their standing with the state bar association. A quick search can sometimes reveal important information about their professionalism and track record.

Once you find a good attorney, treat him or her as a key partner in your business. A strong relationship with a reliable transactional attorney in each of your target states can be a massive asset, streamlining your out-of-state deals and allowing you to scale your operations more effectively. He or she is an extension of your team.

Questions people ask

Do I need an attorney for every closing?

It depends on the state. Some states are "attorney states" where an attorney is required for real estate closings, while others allow title companies to handle it. For complex investor deals like double closes, an attorney is highly recommended regardless of state law.

Can one attorney represent both sides of a double close?

In a double close, the attorney typically represents the entity closing the transaction, which is usually the title company or his or her firm, acting as an impartial settlement agent. He or she does not represent you or your end buyer, but ensures the transaction is legally sound and all parties fulfill their obligations.

How much does a transactional attorney charge?

Fees vary significantly. Some attorneys charge a flat fee for specific services like preparing documents or acting as a closing agent, which can range from a few hundred to over a thousand dollars per transaction. Others may charge an hourly rate. Always get a clear fee schedule upfront.

What if I am doing an assignment, not a double close?

For an assignment, your role is simpler, but a real estate attorney can still be valuable. He or she can draft or review the assignment contract, ensure it is enforceable, and clarify any state-specific requirements. This is particularly important if the seller or end buyer is unfamiliar with assignments.