Do We Need an Attorney to Sell Our Illinois Home?

 Posted on February 19, 2026 in Real Estate

If you are planning to sell your home in Illinois in 2026, you may be wondering whether you actually need an attorney involved. Can your real estate agent handle everything? Are AI programs offering to help sell your home really everything they’re chalked up to be? 

The short answer is that it is always a good idea to have a lawyer representing you when you’re selling your home. A home sale is one of the largest financial transactions most people ever make. The documents are complex, the deadlines are strict, and the consequences of a mistake can follow you long after closing day.

At DLAW, PC, our DuPage County residential real estate attorney has decades of experience in the legal industry guiding our clients through the home sales process. We also work with probate, estate planning, and bankruptcy, so we’re here when you need us most.

Does Illinois Law Require You to Have an Attorney to Sell Your House?

Illinois does not technically require an attorney for every residential real estate transaction. But unlike many other states, Illinois has a long-standing custom of attorney involvement in home sales, and the Illinois State Bar Association strongly encourages it.

This might sound like attorney self-promotion, but there are many good reasons for it. Most standard real estate contracts in Illinois include what is called an "attorney review period." Under this provision, both the buyer and seller have a set window — typically five business days after the contract is signed — to have an attorney review the agreement and propose modifications or cancel the deal entirely.

That window is your opportunity to catch problems before they become very expensive. If you let it pass without legal review, you may be locked into terms that do not protect you.

What Can Go Wrong if You Sell Your Home Without an Attorney?

Real estate agents do a lot of important work, but reviewing legal documents and advising you on your rights is not part of what they are licensed to do. That gap can create real problems.

Contract Terms That Favor the Buyer

A standard purchase contract contains contingencies, inspection clauses, repair obligations, and closing timelines. Without an attorney reviewing these terms on your behalf, you may agree to conditions that cost you money, delay your closing, or both.

Title Issues

Before a home can be sold, the title must be clear. Liens, unpaid taxes, ownership disputes, or errors in public records can all cloud a title and derail a sale. An attorney can identify these issues early and work to resolve them before they become a closing-day emergency.

Deed Errors

The deed is the legal document that transfers ownership of your home to the buyer. Errors in how a deed is drafted can create serious problems that are difficult and expensive to fix later.

Proceeds and Closing Statement Review

At closing, you will receive a settlement statement showing exactly how your sale proceeds are being allocated. It is usually a combination of your remaining mortgage, transfer taxes, agent commissions, and other costs. An attorney reviews this document to make sure the numbers are accurate and that you are not being charged for anything you should not be.

What Does a Real Estate Attorney Actually Do During a Home Sale in Illinois?

From contract to closing, here is what attorney involvement looks like in a typical Illinois home sale:

• Reviewing and negotiating the purchase contract during the attorney review period

• Addressing inspection responses and repair requests

• Clearing any title issues that arise during the title search

• Drafting or reviewing the deed and other closing documents

• Attending the closing or reviewing closing documents on your behalf

• Making sure the transfer of ownership is properly recorded

Every one of these steps involves legal judgment. Having someone personally invested in your outcome makes a meaningful difference.

This is especially true if your sale involves any complicating factors. This might be an estate sale following the death of a loved one, a property with title complications, a divorce situation, or financial hardship. These circumstances require someone who understands not just real estate law, but potentially also how those areas can intersect with your home sale.

Call a Kane County, IL Real Estate Lawyer for a Free Consultation

Selling your home is too important to leave to chance. At DLAW, PC, our DuPage County home seller’s attorney has more than 25 years of experience guiding homeowners through every step of the home sale process. You will work directly with her from your first call to your closing day — no hand-offs, no surprises.

We also handle estate planning, probate, and bankruptcy, so you don’t have to start over with someone new. Call DLAW, PC at 331-222-7978 to schedule your free consultation today.