Top 10 Legal Questions from Real Estate Buyers & Sellers in 2025

Straight answers from your trusted real estate attorneys at McNickle & Bonner

Whether you're buying your first home, selling investment property, or handling a commercial deal, real estate transactions can be legally complex. At McNickle & Bonner, our clients often come to us with similar concerns—and many of these questions have only become more relevant with the market shifts and legal updates in 2025.

Here are the top 10 legal questions we hear from buyers and sellers, with clear guidance on each.

1. Do I really need a real estate attorney in Pennsylvania?

Yes—especially in Pennsylvania, where attorneys play a vital role in title review, contract drafting, and closing coordination. A lawyer ensures you’re legally protected and that the transaction complies with all local laws and zoning regulations. Unlike a real estate agent, we work solely in your best legal interest.

2. What’s the difference between a real estate agent and a real estate attorney?

Real estate agents assist with negotiations, showings, and listings, while attorneys focus on contracts, legal compliance, title issues, and risk reduction. Both can be essential, but only an attorney can provide legal advice and handle issues like easements, boundary disputes, or estate-owned property.

3. What happens if there’s a problem with the title?

We conduct a thorough title search to uncover liens, unpaid taxes, easements, or encroachments. If we find defects, we either resolve them before closing or negotiate remedies into your agreement. We also help you secure title insurance to protect your long-term interests.

4. Should I be worried about new commission transparency laws?

With recent changes in real estate commission structures (post-DOJ/NAR settlements), buyers and sellers are now more involved in how and when agents get paid. If you're unsure about commission agreements—or want to buy or sell without a traditional agent—an attorney helps draft clear, fair terms and avoid hidden fees.

5. Can I back out of a real estate contract after signing it?

In most cases, only if your contract includes contingencies (e.g., home inspection, financing, appraisal). We review and negotiate these terms up front to give you flexibility if conditions aren’t met. Backing out without a legal excuse could cost you your deposit—or more.

6. How do closing costs work, and who pays them?

Closing costs typically include:

• Title insurance

• Transfer taxes

• Recording fees

• Attorney and agent fees

We break down what you’ll owe at closing and help negotiate cost-sharing between buyer and seller. We also prepare your final settlement statement to ensure everything adds up correctly.

7. Do I need a new survey before buying?

Not always—but in many cases, yes. A new or updated property survey can confirm boundaries, reveal encroachments (like fences or driveways over the lot line), and clarify easements. If you’re buying a home with acreage, irregular boundaries, or in a dispute-prone area, we often recommend one.

8. What if I’m buying property through a trust or LLC?

Buying through a legal entity can protect privacy and limit liability, but it requires precise structuring and proper documentation. Our attorneys draft or review the operating agreement, confirm entity status, and ensure that the trust or LLC has the authority to buy or sell the property.

9. Are there tax implications when I sell my home?

Possibly. You may qualify for a capital gains exemption of up to $250,000 (or $500,000 for couples) if the home was your primary residence for at least two of the last five years. But rules differ for investment property, inherited real estate, or properties owned through entities. We work with your CPA to ensure tax efficiency.

10. What legal documents are required at closing?

For buyers:

• Loan documentation

• Deed review

• Title policy

• Disclosure forms

For sellers:

• Deed

• Seller disclosure

• Payoff letters

• Closing statement (HUD or ALTA)

We oversee all documentation, coordinate signatures, and ensure legal compliance at every step.

💼 Protect Your Investment With Legal Clarity

Real estate transactions are among the largest financial decisions you’ll make. While agents guide you through the process, only an attorney protects your legal rights and navigates risks that aren’t always obvious—until it’s too late.

🏠 Buying or selling property in 2025?

Let McNickle & Bonner walk with you from contract to closing—and beyond. We’ll help you avoid pitfalls, make confident decisions, and secure peace of mind every step of the way.

📞 Contact us today to schedule a real estate consultation.