Gather Your Existing Contracts and Agreements
Start by collecting any preliminary paperwork you’ve already signed or received. This includes the purchase agreement, a letter of intent, or an offer letter. Your attorney needs these documents to verify the terms already in play and to ensure the final contract accurately reflects your agreement.
If you’re selling, provide any prior title reports, property surveys, or inspection reports from your own purchase or recent refinancing. Buyers should likewise supply any inspection reports or repair estimates they have already obtained. These materials give your attorney a baseline for reviewing disclosure obligations and title issues.
Share Property Documents and Disclosures
- Seller’s disclosures - If you are a seller and have completed a property disclosure statement (required in many states for residential sales), give your attorney a copy. If you are a buyer, ask whether the seller has provided one.
- Homeowners’ association documents - Provide the HOA’s governing documents (CC&Rs, bylaws, meeting minutes) and any recent assessments or special levies. These affect your rights and obligations as an owner.
- Leases and rental agreements - If the property includes tenants or is being sold with an existing lease, share those documents so your attorney can review tenant rights, lease terms, and obligations at closing.
Provide Financial Information
A real estate attorney often reviews financing arrangements or discusses your budget for taxes and closing costs. Share:
- Your current mortgage statement (if refinancing or paying off a loan)
- Any pre-approval or commitment letters from lenders
- Recent paystubs, tax returns, or asset statements if the attorney is helping with loan-issue solutions
- A list of current debts or liens that may need to be paid or negotiated
Even if the attorney is not handling the loan itself, understanding your financial picture helps them advise on contract contingencies and settlement statements.
Identify Title and Survey Concerns
Ask your title company or attorney for a copy of the preliminary title report as early as possible. Review it for easements, restrictions, or other encumbrances. Provide your attorney with:
- Surveys - an existing survey (even if several years old) can highlight boundary issues, encroachments, or easements your attorney can investigate.
- Title exceptions - any known liens, judgments, or claims that might affect the property’s marketability.
- Plat maps or zoning certificates - these help confirm the property’s legal description and permissible uses.
By providing these materials at the start, your attorney can flag title defects and advise on corrective steps before you are deep into contract negotiations.
Clarify Your Goals and Timeline
Your attorney works best when they know your priorities. Write down:
- Your ideal closing date - so they can schedule reviews and deadlines
- Any contingencies - e.g., inspection periods, loan approval deadlines, or sale of another property
- Special requests - such as naming co-owners, using trusts, or handling tax-deferred exchanges
A brief written summary of your goals helps the attorney tailor their advice to your specific situation. It also reduces the chance of last-minute surprises that could delay closing.
Organize and Deliver Everything Efficiently
Use a single digital folder or a dedicated email thread to share all documents at once. Label files clearly (e.g., “Purchase Agreement.pdf,” “Seller Disclosure.pdf,” “HOA Docs.pdf”). Sending everything together saves your attorney time and lets them focus on the substantive legal work rather than chasing down missing pieces.
If you have questions about what to include-or if some documents are hard to locate-ask your attorney’s office early. Checking in well before the transaction’s major deadlines can prevent headaches later.
Note: State and local laws vary, and every transaction has unique facts. The steps above are general guidelines. Consult a qualified real estate attorney to address your specific situation and to verify requirements in your jurisdiction.