Many people are drawn to the idea of buying a brand-new home. It’s exciting: you get to choose your lot, customize every detail, and everything is fresh and unused. Homebuilders often try to make the process easy—and even offer special “discounts” if you use their preferred lender and title insurance company.
But let’s get back to the main question: Do you need a real estate attorney when buying a new construction home?
Here are a few questions to consider:
- Would you sign a contract worth several hundred thousand dollars without having an attorney review it?
- Do you think the homebuilder has an attorney on their side?
- Do you trust their title insurance company to fully explain all the legal documents to you?
In simple terms, having a real estate attorney is well worth the few hundred dollars it typically costs. This is likely one of the biggest purchases of your life, so having legal protection just makes sense.
In Illinois, an attorney is not required for a real estate transaction—but having one is strongly recommended, especially to protect your legal and financial interests. Builder contracts are written to benefit the builder. An attorney can help you understand key clauses related to delays, design changes, warranties, and more. While these contracts are often “standard,” there may still be opportunities to negotiate better terms.
If you don’t have an attorney, here’s what your closing might look like: you’ll go to the title office, and a title agent will hand you a thick stack of documents. That agent is not required to explain the paperwork or answer legal questions. While they may be helpful, it’s not their job to protect your interests. Once you sign everything, the documents are sent to your lender for approval. No one at that table is double-checking critical forms like the deed or the HUD statement to make sure everything is correct.
On more than one occasion, I’ve found dollar errors made by either the title company or lender—mistakes that would have cost my clients money. In those cases, the amount I recovered exceeded my attorney fee. In real estate, small errors can have big consequences.
In summary: Hiring a real estate attorney for a new construction home purchase (or any real estate transaction) is a smart investment. The risks and complexities involved often outweigh the relatively small cost of legal representation.
Ready to protect your investment?
If you’re purchasing a new construction home and want experienced legal guidance, we’re here to help. Contact us today to schedule a consultation or learn more about how we can support you through every step of the process.