Nov 11, 2026 · 5 min read · Northern Virginia
Do I Need a Lawyer to Buy a House in Virginia?
Do I need a lawyer to buy a house in Virginia?
Not just to buy. But someone has to handle your closing, and that person is called a settlement agent. The Virginia State Bar says you have the right to pick your own, and it does not have to be an attorney. This is not legal advice. Talk with an attorney about your own case.
The Mike Webb Team (Mike and Claudia Webb, RE/MAX Allegiance) helps homeowners in Arlington, Northern Virginia, Maryland, and Washington, DC get their homes ready to sell and sold.
What is a settlement agent?
The settlement agent handles the escrow, closing, and settlement services on your purchase. That means the closing day, the closing papers, and the money changing hands. Virginia's rules cover purchases of real estate with up to four residential units. Source: Virginia State Bar, Real Estate Settlement Agents.
Where do Virginia's settlement agent rules come from?
The Virginia State Bar says the General Assembly passed the Real Estate Settlement Agents Act in 1997. The Act lets licensed Virginia attorneys act as settlement agents if they register with the Bar and meet other conditions. The Bar also says that legal advice in connection with a real estate settlement can only be given by a licensed Virginia attorney. That is why a title company or a real estate agent will not tell you what your contract means in legal terms.
Who can be a settlement agent in Virginia?
The Bar lists these:
- A licensed Virginia attorney in good standing with the Virginia State Bar
- A title insurance company or agent licensed by the State Corporation Commission
- A licensed real estate broker
- Certain financial institutions
Attorneys who do this work must register with the Bar. Non-attorney settlement agents must also be properly registered. The Bar says title insurance agents and companies register and renew with the Bureau of Insurance at the State Corporation Commission, not with the Bar, and that has been the case since July 1, 2009. The Bar's rules for attorneys are posted at Regulations of Attorney Real Estate Settlement Agents.
Do I get to choose?
Yes. The Bar says you have the right to select your own settlement agent. Ask your lender and your agent for names, then compare. Good questions to ask each one:
- What are your fees, and what do they cover?
- When will I get my documents?
- Where and how will closing take place?
- How do I send my cash to close safely?
When do I see the closing numbers?
Your lender must give you the Closing Disclosure three business days before your scheduled closing, says the Consumer Financial Protection Bureau (CFPB). It shows your loan terms, closing costs, and the cash you must bring. The CFPB tells buyers to use those days wisely, because that is the time to resolve problems.
The CFPB suggests checking that these items match your most recent Loan Estimate: the loan term and type, the loan amount, your estimated total monthly payment, your closing costs, and your cash to close. If something looks different from what you expected, ask your lender why. Source: CFPB, Closing Disclosure. Read Buyer Closing Costs in Virginia Explained.
What should I check on the Closing Disclosure?
The CFPB points to the closing cost section called "Services Borrower Did Not Shop For." These are third-party services your lender requires. Compare them with Sections B and C on page 2 of your Loan Estimate. Overall, there should be no new services listed that were not on the Loan Estimate. The costs should be similar, though they may differ somewhat. If your closing costs or your cash to close changed in a big way, ask your lender to explain why before closing day.
When might I want an attorney anyway?
If you have a question about the contract, a title problem, an estate, a divorce, or a trust, an attorney can give legal advice. We cannot. We can help with the real estate side: the timeline, the people, and the next step. A title problem can matter a lot to a buyer, so see What Is Title Insurance and Who Pays for It in Virginia? and From Accepted Offer to Closing in Virginia.
Who helps at each step of a Virginia purchase?
- Your lender sends the Loan Estimate and the Closing Disclosure.
- Your settlement agent runs the closing and handles escrow.
- Your title company or attorney checks the property's title and can issue title insurance.
- Your real estate agent guides the timeline, the contract steps, and the people involved.
- Your attorney, if you hire one, answers legal questions about your contract or your situation.
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FAQ
Can an attorney be my settlement agent?
Yes, if the attorney is registered with the Virginia State Bar as a settlement agent.
Can a title company handle my closing?
Yes, if it is licensed by the State Corporation Commission, according to the Bar.
Who do I ask about my contract?
An attorney. We are not able to give legal advice, but we are glad to explain how the real estate process works.
Call or text Claudia at 703-350-3884 or visit claudiawebb.com.
The Mike Webb Team, RE/MAX Allegiance. Arlington, Virginia. Equal Housing Opportunity.