Maryland does not require buyers or sellers to hire their own real estate attorney — title companies can legally handle closings. But a settlement attorney at closing represents the transaction, not you. For complex purchases (new construction, inherited property, divorce, FSBO), hiring your own attorney at $500–$1,500 is often worth it.
Quick Answer
Maryland does not require buyers or sellers to hire their own real estate attorney — title companies can legally handle closings. But a settlement attorney at closing represents the transaction, not you. For complex purchases (new construction, inherited property, divorce, FSBO), hiring your own attorney at $500–$1,500 is often worth it.
Do You Need a Real Estate Attorney in Maryland?
TL;DR: Maryland is not an attorney-required state for real estate closings. Title companies can legally handle the settlement process. The settlement attorney at closing represents the transaction — not you or the seller. In most standard purchases, you don't need your own attorney. But in complex situations, attorney fees of $500–$1,500 are money well spent.
What Maryland law actually requires
Maryland Real Property §3-104(f)(1) requires that deeds, mortgages, and deeds of trust be prepared by or under the supervision of a licensed Maryland attorney. This requirement is fulfilled by the settlement company's attorney — not a separate attorney you hire. The system is designed so that standard residential closings can proceed efficiently without each party retaining their own counsel.
The settlement attorney represents the transaction
This is the point most buyers and sellers miss. The settlement attorney at your Maryland closing works for the title company and represents the transaction — meaning they ensure the paperwork is correct and the title transfers properly. They do not represent your interests specifically. If there's a conflict between your interests and the seller's (or the lender's), the settlement attorney cannot advise you.
Attorney fee ranges in Maryland
- Contract review only: $500–$750
- Full closing representation: $800–$1,500
- Hourly rate: ~$242/hour
- Complex matters: $1,500–$5,000+
When you should hire your own attorney
For a standard resale purchase with a conventional or FHA loan, most Maryland buyers don't need their own attorney. Consider hiring one for:
- Short sales or foreclosures
- Inherited or estate property
- FSBO transactions (no listing agent reviewing the contract)
- Known title issues or liens
- New construction contracts (builders use builder-friendly contracts)
- Divorce-related sales
- Commercial or mixed-use properties
The bottom line
In Maryland, you can close on a home without your own attorney and it's perfectly legal and common. But "not required" isn't the same as "never worth it." On a $1.35M Bethesda purchase, spending $800–$1,500 for independent contract review in a complex situation is a small line item against the purchase price. The question is whether your specific transaction has complications that warrant it.