Buying a home is one of the largest financial decisions most people will ever make. While buyers in Champaign County are not contractually obligated to have an attorney, many choose to hire one to represent their interests during the transaction.
Real estate practices can vary quite a bit across Illinois. In some parts of the state, attorneys are rarely involved in residential transactions. In other areas — particularly the Chicago market — attorneys are almost always part of the process.
Here in the Champaign County area, the seller’s attorney typically orders the title work and prepares the closing documents, including the deed. Because the seller already has legal representation handling these aspects of the transaction, many buyers prefer to have an attorney representing their interests as well.
As your REALTOR®, my role is to guide you through the home search, negotiations, inspections, and overall transaction process. However, a real estate attorney provides an additional layer of legal protection that can be incredibly valuable.
When my clients get a home under contract, I typically tell them:
“Now that we have a signed contract, I want to talk to you about using an attorney. You do not have to have an attorney as a buyer, but I highly recommend it.”
I sat down with one of my go-to real estate attorneys, Jenny Park, to talk about the role attorneys play in a home purchase in our area.
Watch Our Conversation
(This video was recorded a couple of years ago, but the information is still very relevant to today’s home buying process in Champaign County.)
In the video, we discuss why many buyers choose to have an attorney and how they help protect buyers throughout the transaction.
Quick Summary:
• Buyers in Champaign County are not contractually required to hire a real estate attorney, but many choose to do so for added legal protection during the transaction.
• In our area, the seller’s attorney typically orders the title work and prepares the closing documents, including the deed.
• A buyer’s attorney reviews title work, verifies credits and prorations, prepares legal notices, and provides guidance throughout the transaction.
• Having an attorney already involved can be especially helpful if issues arise during inspections, title review, or the final walk-through before closing.
• Working with a local attorney who regularly handles real estate transactions can help ensure the closing process runs smoothly.
What Does a Buyer’s Attorney Actually Do?
Some of the key ways an attorney helps protect buyers include:
Reviewing the Title Work
One of the most important responsibilities of a buyer’s attorney is reviewing the title commitment for the property.
This helps ensure that the title policy issued for the buyer’s benefit does not contain unusual exceptions or issues that could negatively affect the buyer’s ownership rights.
Resolving Title Issues
If something appears in the title work — such as liens, unpaid taxes, or other encumbrances — the buyer’s attorney works with the title company and the seller’s attorney to ensure those issues are properly resolved before closing.
Verifying Credits and Prorations
During closing, there are often tax prorations, credits, and adjustments that can total thousands of dollars.
A buyer’s attorney independently calculates these numbers to ensure the buyer receives every dollar they are entitled to under the contract.
Advising on How to Hold Title
An attorney can also help buyers determine the best way to hold title to the property, such as joint tenancy or tenancy in common.
The attorney then communicates with the seller’s attorney to ensure the deed is prepared correctly.
Preparing Legal Notices
If issues arise during the inspection process, a buyer’s attorney can prepare or review important legal notices required under the contract, such as a Post-Inspection Notice of Deficiencies.
Helping Navigate Inspection and Repair Issues
Inspection negotiations can sometimes become complex. A buyer’s attorney can help guide buyers through repair requests, credits, and other legal considerations that may arise.
Monitoring Contract Deadlines
Real estate contracts include many important deadlines. Attorneys often work alongside the buyer and their REALTOR® to ensure that contract timelines and obligations are met.
Providing Legal Advice
Throughout the transaction, buyers may have legal questions relating to their purchase. Having an attorney available allows buyers to receive legal guidance specific to their situation.
Attending Closing
In Champaign County, closings often involve attorneys representing both the buyer and seller. The buyer’s attorney attends closing and helps review and explain the documents being signed, including mortgage paperwork.
Why It’s Best to Hire an Attorney Early in the Process
Another reason I recommend hiring an attorney early in the transaction relates to the final walk-through, which typically happens within about 48 hours prior to closing.
Occasionally, issues arise during the final walk-through. For example, buyers may discover:
- An agreed-upon repair was not completed
- An appliance that was supposed to stay has been removed
- The property is not in the condition outlined in the contract
When situations like this occur, you don’t want to be in a position where the seller has an attorney but the buyer does not.
Having your attorney already involved means you have someone who can quickly review the contract, communicate with the seller’s attorney, and help determine the best path forward.
Trying to hire an attorney at the last minute to help clean up a problem can sometimes create additional complications, delays, and higher legal fees, since the attorney would need to quickly get up to speed on the entire transaction.
By having an attorney involved from the beginning, you ensure that if something unexpected arises — whether during inspections, title review, or the final walk-through — you already have a trusted legal professional ready to advocate for you.
Why I Recommend Working with a Local Real Estate Attorney
Another tip I often share with buyers is to work with a local attorney who regularly handles real estate transactions.
Real estate closings involve coordination between the buyer’s agent, seller’s attorney, lender, and title company. Attorneys who regularly work in Champaign County are familiar with the process and with the professionals involved.
Over the course of my career, nearly all of my buyer clients have chosen to work with a local real estate attorney. On one occasion, a buyer initially hired an attorney who primarily handled another area of law. Because that attorney approached the transaction differently than a typical real estate attorney, it created confusion and unnecessary issues.
Experiences like that are why I recommend working with an attorney who regularly practices real estate law in the Champaign County area.
Buying a Home in Champaign County
If you are purchasing a home in Champaign, Urbana, Mahomet, Savoy, or the surrounding communities, understanding the closing process — including the role attorneys play — can make the experience much smoother.
Having both a REALTOR® and a real estate attorney involved means you have two professionals working together to help protect your interests from contract to closing.
Your REALTOR® helps guide the home search, negotiations, inspections, and overall transaction timeline.
Your attorney provides legal oversight, reviews documents, and helps resolve issues that may arise along the way.
Together, we help ensure the transaction is handled thoroughly and professionally.
Frequently Asked Questions About Real Estate Attorneys
What does a real estate attorney do for a home buyer?
A buyer’s attorney helps protect the buyer’s legal interests during the transaction. This can include reviewing title work, ensuring credits and tax prorations are calculated correctly, advising on how to hold title, preparing legal notices during inspection negotiations, and attending the closing.
When should a buyer hire a real estate attorney?
Ideally, a buyer should hire an attorney shortly after their offer is accepted and the home goes under contract. This allows the attorney to review documents, monitor the transaction timeline, and be available if issues arise during inspections, title review, or the final walk-through.
How much does a real estate attorney cost in Champaign County?
Fees can vary by attorney, but many real estate attorneys in the Champaign County area charge a flat fee for buyer representation, typically covering title review, consultation during the transaction, and attendance at closing.
Thinking About Buying a Home in Champaign County?
If you’re starting the home buying process in Champaign, Urbana, Mahomet, Savoy, or the surrounding communities, having the right professionals involved can make the experience much smoother.
As a REALTOR® serving the Champaign County area, I guide buyers through each step of the process — from the initial home search to inspections, negotiations, and closing.
About the Author:
Jayme Ahlden is a REALTOR® Broker with Coldwell Banker Real Estate Group, serving Mahomet, Champaign, Urbana, Savoy, and surrounding Central Illinois communities. Jayme focuses on education-first guidance and helping clients navigate complex real estate decisions with clarity and confidence.
Leave a Reply