Do you need a real estate attorney to close in West Virginia?

What the law requires

The state’s licensing statutes do not require you, as a buyer or seller, to retain counsel. What they do is limit who may give legal services:

• It is unlawful to practice or appear as an attorney for another person, or to hold yourself out as entitled to practice law, without a West Virginia law license. A violation is a misdemeanor with a fine of up to $5,000, up to 90 days in jail, or both (W. Va. Code § 30-2-4).
• Corporations and associations generally may not practice law or give legal advice. The statute carves out companies “lawfully engaged in examining and insuring the titles to real property” (§ 30-2-5).
• You may represent yourself. The State Bar’s opinion says individuals have the right to represent themselves but no right to represent anyone else in legal matters unless they are licensed attorneys.

Who conducts closings in practice

The State Bar’s opinion, last amended in 2015, says prior committee opinions “clearly indicated” that title examination and closing are the practice of law. The committee also deferred to a 2010 order of the Brooke County Circuit Court on the same subject. The Supreme Court of Appeals refused to hear an appeal of that order in November 2010 and, in January 2011, found the circuit court’s findings “plainly right.” We did not read the order itself, so ask the State Bar which closing tasks a non-lawyer may perform.

Where does that leave a real estate agent? The licensing act says a licensed broker’s work does not include what a lawyer does (§ 30-40-5(b)), and the Real Estate Commission may discipline an agent for “unauthorized practice of law” (§ 30-40-19). Agents prepare and deliver the contract and the agency notice (§ 30-40-26). They may not engage in the unauthorized practice of law, which includes conducting the closing as the State Bar defines it.

Typical attorney fee

No official source we read gives a typical West Virginia closing-attorney fee, so we do not quote one. Fees depend on the lawyer, the work (title search, closing, document preparation), the price and how complicated the title is. Ask for the fee in writing before you sign anything. See closing costs in West Virginia and closing costs explained.

When an attorney is worth it anyway

Hire counsel early, before you are bound, if any of these applies:

• The title has liens, estate or heirship questions, or unclear boundaries. Pair this with a survey and title insurance.
• You are buying at a foreclosure sale or from an estate. See foreclosure in West Virginia.
• A contract term is unusual, such as a seller-financed deal.
• You want a review of the earnest money terms. See earnest money.