Do you need a real estate attorney to close in Mississippi?

What the law requires

Section 73-3-55 makes it unlawful to practice law without a license, a misdemeanor punished under § 97-23-43. The same section says a person who “for fee or reward or promise, directly or indirectly” writes or dictates a “bill of sale, deed of conveyance, deed of trust, mortgage, contract, or last will and testament,” or who makes or certifies an abstract of title to real estate other than his own, “shall be held to be engaged in the practice of law.” The Mississippi Bar quotes the statute on its unauthorized practice page and adds that the courts ultimately decide what the practice of law is.

The statute has two carve-outs for titles. Title or abstract guaranty companies incorporated in Mississippi may make abstracts or certify titles when they act through an agent who is authorized to practice law in the state. An abstract company chartered in Mississippi with at least $50,000 in paid-up capital may make or certify abstracts through its president, secretary or another principal officer.

I found no sentence in the texts I read that says “a buyer must be represented by an attorney” or “an attorney must attend the closing.” If you need that answer for your own deal, ask your lender, the closing office and an attorney licensed in Mississippi.

Who may do what at closing

Brokers may not discourage anyone from hiring an attorney: the same section forbids a broker to “prevent or discourage any party to a real estate transaction from employing the services of an attorney.”

The Bar’s unauthorized practice committee reviews complaints against non-lawyers and refers findings to a county prosecutor, district attorney or the Attorney General. It cannot give advisory opinions on whether a particular activity is the practice of law.

Typical attorney fee

I found no official Mississippi source that gives a typical closing-attorney fee, so I do not quote one. The cost depends on the work: a title search, a title opinion, preparing the deed and deed of trust, supervising the signing, recording, or handling a problem such as a boundary or lien. Ask for a written quote before you agree, and ask whether it is a flat fee or hourly. A broker may not share in an attorney’s fee unless the broker is also a licensed attorney performing legal services in addition to brokerage services (§ 73-35-21(2)), so a fee for legal work should not show up as a referral payment to your agent.

For the other closing lines, read closing costs in Mississippi and the general guide to closing costs explained.

When an attorney is worth it anyway

An agent cannot give you an opinion on whether title is good or on the legal effect of a contract, so a lawyer is the person to ask when:

• the seller’s name does not match the deed, or an heir, divorce or estate is involved;
• the seller disclosure raises a flood, foundation or boundary issue (seller disclosure);
• you are buying at or after a foreclosure sale (foreclosure);
• the contract has unusual terms, or you want advice on title insurance.