January 12th, 2026

Title Company or an Attorney or Agent to Close?

It’s often confusing deciding who to use in a real estate closing. Do you choose and attorney or do you choose a title and settlement company?

There are no wrong answers here. It all comes down to choice. In Virginia, there’s no requirement to use an attorney. In fact, attorneys use title companies to do the title work for them. Then they head up the closing.

What Real Estate Attorneys Do

• Provide legal advice, if requested
• Review contracts or other legal documents
• Assist with legal disputes or complex situations
• Represent your interests directly if there is a conflict

 
For example, you might choose an attorney for more complex transactions like commercial properties, For Sale By Owner (FSBO), or unique transactions that require an attorney’s deep legal knowledge.
 
Typically, real estate attorneys are not required for standard Virginia closings.

The Role of Title and Settlement Companies

 

• Act as a neutral third party
• Research property records to find any “clouds” on the title such as unpaid mortgages, liens, errors in the public record
• Offer title insurance to protect you from future financial loss due to unforeseen circumstances such as missing heirs, fraud, forgeries
• Protect you from unpaid liens for contractor bills, legal judgments, or taxes you find after the closing
• Holds escrow funds and documents securely until all conditions of the sale are met
• Prepare and record final legal documents for a smooth transfer of ownership
• Provides settlement closing services
  

 The Role of a Real Estate Agent

Real estate agents do not perform title or settlement searches. Instead, their job is to market properties and/or to find buyers. They negotiate the price and the contract terms between buyer and seller.
 
Realtors also guide clients through the transaction timeline, keeping their clients informed. Your realtor, your friends, even your lender, can give you their recommendations for title and settlement companies.

However, the decision is ultimately up to you. Choose wisely by doing your research, no matter what path you take.

FAQs

Why title companies are central to Virginia closings?

Most residential real estate transactions in Virginia rely on a licensed title and settlement company to handle the closing process. Title companies are uniquely positioned to combine risk assessment, insurance protection, and fund management into a single streamlined process. This helps ensure a smooth and secure closing for all parties.

Why do Virginia lenders require a title company?

Lenders in Virginia require a title company to verify ownership, confirm lien priority, and issue lender’s title insurance. This protects the lender from undiscovered title defects that could affect their security interest in the property. Lenders require the buyer to buy lender title insurance to protect their investment. It’s optional for buyers to make a one-time purchase of homeowner’s title insurance but we strongly recommend it.

Why do I need a title company instead of just an attorney or real estate agent in Virginia?

 In Virginia, title companies play a central role in real estate closings by conducting the title search, issuing title insurance, coordinating settlement, and securely handling funds. On the other hand, attorneys and real estate agents provide important services, but they do not typically perform the full title and settlement process required by lenders and buyers.

Ready to close on your new home? Turn to Lilly Title & Settlement, a woman-owned company obsessed with legal details to get your property securely closed on time.