When a seller wants to use his or her own attorney for the closing

Why this objection comes up

A seller often wants his or her own attorney for peace of mind. He or she might feel more secure having an independent professional review the paperwork, especially if he or she is unfamiliar with real estate transactions or your specific process.

It could also stem from a previous negative experience or advice from friends or family. This is not usually a personal attack on you, but rather a desire for self-protection.

Your initial, reassuring response

When a seller says he or she wants his or her own attorney, acknowledge it calmly. Say something like, 'That's completely understandable. You absolutely have the right to have your own legal counsel review everything.'

Your goal is to validate his or her concern, not to fight it. This immediately lowers any potential tension and keeps the conversation productive.

Explaining your standard closing process

After acknowledging his or her right, explain your standard procedure. 'Typically, we use a specific title company or attorney for closing, who handles all the paperwork and ensures a smooth transfer.'

Then, add, 'However, your attorney is welcome to review all documents before closing, and we can make sure they have everything they need. We want you to feel comfortable with the entire process.' This clarifies your method while accommodating his or her request.

For general guidance on dealing with motivated sellers, check out /learn/first-call-with-a-motivated-seller.

Cost implications (not financial advice)

It is important to be clear about who pays for what. State, 'My attorney or title company will handle the closing costs for our side, but if you choose to retain your own attorney, those fees would typically be your responsibility.'

This conversation needs to happen early to avoid surprises. Be transparent about costs so the seller understands the financial implications of his or her choice. This information is for educational purposes only and is not financial advice. Consult with a financial or legal professional for specific guidance.

When to concede and when to stand firm

If the seller's attorney only reviews documents and advises his or her client, that's usually acceptable. Most investors are fine with this level of involvement, as it does not disrupt the closing mechanism.

However, if the seller insists on his or her attorney handling the entire closing process, you need to assess your comfort level. Your attorney or title company is familiar with your specific transaction type, like assignments, and can execute it efficiently. A new attorney might introduce delays or unfamiliar procedures. If it complicates your deal structure, you might need to explain why your chosen closer is essential.

When it might be a red flag

If the seller's attorney starts making unreasonable demands or trying to renegotiate terms already agreed upon, this could be a sign of trouble. An attorney's role is to protect his or her client, but not to sabotage a fair deal.

Stay calm and communicate directly with the seller. If the attorney's involvement makes the deal unworkable, be prepared to walk away. Sometimes, a difficult attorney can indicate a seller who might become difficult himself or herself.