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

What the law requires

We could not open the Nevada Legislature’s own website (NRS and NAC) during this review, so this page relies on the state agencies’ publications that quote the law. In those texts, we found:

• Escrow must be licensed. Anyone who engages in the business of administering escrows, or acts as an escrow agent or agency for a transaction involving Nevada property, “must be licensed as an escrow agent or escrow agency” (NRS 645A.015, as stated in the Division of Mortgage Lending FAQ). The statute defines an escrow as a transaction in which one person delivers an instrument, money or evidence of title to a third person, who holds it until a stated event happens and then delivers it according to instructions (NRS 645A.010).
• No attorney requirement. None of the texts we read says a closing must be conducted by, or reviewed by, an attorney. We did not read the full list of exemptions in NRS 645A.015, so we do not say here whether attorneys fall under one.
• Certain tasks are for the seller, not the agent. The seller must complete the disclosure form personally, and the agent may not do it (NRS 113.130; see seller disclosure in Nevada).

This is a description of what the texts say, not legal advice. For your own transaction, ask a Nevada-licensed attorney.

Who conducts closings in practice: attorney, title company or escrow

In Nevada, the neutral third party that holds the funds and signed documents is an escrow agency, staffed by licensed escrow agents (NRS 645A.010). Buyer and seller send their instructions and money to the escrow, and the escrow disburses at closing. The Division of Mortgage Lending licenses these agencies. You can check one through the Division’s licensee search, or call the Division at 702-486-0782 (see how to verify a license in Nevada).

Real estate licensees (salespersons, broker-salespersons and brokers) represent buyers and sellers. The Real Estate Division’s guide lists their duties, including to disclose material facts, to account for money, and to “advise the client to obtain advice from an expert relating to matters which are beyond the expertise of the licensee.” The same guide says that a licensee “cannot explain the legal consequences” of a buyer waiving rights under NRS 113.150. In other words, your agent is not your lawyer.

For the full list of fees on a Nevada closing statement, see closing costs in Nevada and our general guide to closing costs explained.

Typical attorney fee

No official source we read gives a typical Nevada fee for a real estate attorney. Attorneys set their own prices, and a flat fee for reviewing a contract can differ from an hourly rate for resolving a dispute. Ask for the fee structure in writing before you hire, and ask what it covers. The state does not regulate it in the texts we read.

When an attorney is worth it anyway

State agencies point to an attorney in several specific situations:

• A seller asks you to waive disclosure rights. The Real Estate Division’s guide says a buyer asked to waive rights under NRS 113.150 “should contact an attorney for advice regarding the legal consequences.” A waiver is valid only if it is signed and notarized (NRS 113.150(6)).
• A defect surfaces after the form is served. Rescission after a defect notice must be in writing, notarized and served within 4 working days (NRS 113.150(3)). Missing that window can cost you the right to cancel.
• You face foreclosure. The state’s mediation notice says “It is recommended that you consult an attorney concerning your rights and responsibilities.” Home Means Nevada, the nonprofit that runs the program, says it cannot provide legal advice (see foreclosure in Nevada).
• The home is in a common-interest community, or the title is unusual. The Division’s guide describes resale packages, statements of demand and construction-defect disclosures that carry their own deadlines. For title questions, read our guide to title insurance.
• You are not sure whether a licensee is going beyond their role. The Real Estate Division accepts complaints about licensees on its Statement of Fact form (Form 514), by email to RealEstateCompliance@red.nv.gov.