Updated November 2026. Code of Virginia sections, the Supreme Court of Virginia’s unauthorized practice rules and Virginia State Bar pages checked on November 9, 2026.
No. Virginia doesn’t require you to hire a lawyer to sell your house; it’s your choice. As of November 2026, two Virginia rules still bring a lawyer close to most sales. A deed for a home of up to four units must say on page one that it was prepared by the owner or by a Virginia attorney, with the attorney’s Bar number (Va. Code § 17.1-223). And a settlement agent who isn’t a lawyer may not draft the deed.
Jump to: ⚖️ Is it required? · 🗂️ Who runs settlement · 📜 The deed · 💲 Costs · 👍 When to hire one · ❓ FAQ
Key takeaways
- No Virginia statute we reviewed makes a seller hire an attorney. The settlement law says plainly that a seller may retain one.
- The buyer picks the settlement agent, and the seller can’t require a particular one (§ 55.1-1006).
- Settlement agents can be attorneys, title companies, title agents, licensed real estate brokers or financial institutions (§ 55.1-1003).
- A lay settlement agent can prepare the settlement statement and move the money, but not draft deeds or give legal advice.
- The deed must name who prepared it: you, the owner, or a Virginia attorney with a Bar number.
Does Virginia require a lawyer to sell a house?
No. We read the Virginia laws a seller meets most often: the settlement agent law (Title 55.1, Chapter 10), the deed recording rule (§ 17.1-223), the grantor tax (§ 58.1-802) and the disclosure law (§ 55.1-703). None of them says a seller must hire an attorney.
The settlement law goes further. Section 55.1-1006 says nothing in it stops a seller from hiring a Virginia attorney to protect their interests and give legal advice. It adds that the attorney’s work “may include deed preparation.” So the choice is yours. Plenty of Virginia sellers close with a title company alone, and plenty pay a lawyer for the deed or a contract review.
Your own duties don’t change either way. You give the buyer the residential property disclosure statement that the Real Estate Board posts on its website (§ 55.1-703), sign a written contract and sign the deed.
Who runs a Virginia closing, and what can they do?
Virginia calls the closer a settlement agent. Its law began in 1997 as the Consumer Real Estate Settlement Protection Act, or CRESPA. The State Bar notes it has since been recodified and “is no longer named CRESPA.” Today it’s Chapter 10 of Title 55.1, on real estate settlement agents.
Under § 55.1-1003, a settlement agent can be a Virginia attorney, a title insurance company, a title agent appointed by a licensed insurer, a licensed real estate broker, or a financial institution. Each registers with its own regulator. Attorneys register with the Virginia State Bar, title companies and agents with the State Corporation Commission’s Bureau of Insurance, and brokers with the Real Estate Board.
The law also protects the money. Settlement agents must carry at least $250,000 in errors and omissions coverage, a $100,000 fidelity bond and a $200,000 surety bond, with some exemptions (§ 55.1-1004). They must put your funds in a separate trust account no later than the close of the second business day, and pay out only under written instructions (§ 55.1-1008).
Here’s where the line sits for a settlement agent who isn’t a lawyer. It comes from the comments to the Supreme Court of Virginia’s unauthorized practice rules, as amended effective July 1, 2019.
| A lay settlement agent may | A lay settlement agent may not |
|---|---|
| Order the survey, inspections, payoff figures and title insurance | Draft deeds, deeds of trust, deed of trust notes or deeds of release |
| Prepare a title abstract and the settlement statement | Explain your legal obligations under the sales contract |
| Work out tax and insurance prorations | Advise you on which way to take title |
| Complete forms the parties chose, following their instructions | Explain the legal effect of an exception in the title commitment |
| Receive and pay out settlement funds | Answer “What should I do?” about a legal document |
Every Virginia contract for a home of up to four units must carry a bold disclosure saying the same thing in short form: no settlement agent can give legal advice to a party, unless it’s an attorney that party hired (§ 55.1-1007). For how the choice of closer usually plays out, read who picks the title company.
Who prepares the deed in Virginia?
You, or a Virginia lawyer. Section 17.1-223 says a deed for residential property of up to four units must state on its first page that it was prepared by the owner or by an attorney licensed in Virginia. If an attorney prepared it, the statement includes the attorney’s name and Virginia State Bar number. The first page must also name the title insurance underwriter, or say the preparer doesn’t know whether there is one.
In practice, most sellers have a lawyer prepare it. A title company that isn’t run by an attorney can’t draft it for you, so it usually arranges a Virginia attorney and lists the charge on your settlement statement. Ask early who’s preparing your deed and what it costs.
One fee rule protects sellers who hire their own lawyer. If you’re represented, the settlement agent can’t charge you its own fees without your lawyer’s written consent (§ 55.1-1006).
What does a Virginia seller pay at settlement, lawyer or not?
The state-set cost is the grantor tax: 50 cents for each $500 of value or fraction of $500 (§ 58.1-802). The grantor, which is the seller, pays it unless the contract says the buyer pays part or all. The value excludes any loan that stays on the property. On a $400,000 sale, that’s $400.
| Line on your settlement statement | Who sets it |
|---|---|
| Grantor tax ($0.50 per $500) | State law, § 58.1-802 |
| Deed preparation | The attorney who drafts it |
| Settlement or closing charges billed to the seller | The settlement agent, under your contract |
| Your own lawyer, if you hire one | Agreed between you and the lawyer |
| Mortgage payoff and prorated taxes | Your lender and your locality |
Other local charges can appear, so ask your settlement agent for an estimate early. To see your whole net number, use our cost of selling calculator, then check who pays closing costs.
When is a Virginia real estate attorney worth hiring?
Many simple sales close fine with a settlement agent, and a lawyer drafting the deed. We’d call an attorney before signing anything in these cases:
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Buy a home →- You’re selling for an estate, or a co-owner has died and the title still shows their name.
- A divorce or a co-owner dispute is part of the sale.
- The title commitment lists something you don’t understand. A lay agent can’t explain its legal effect.
- You’re carrying a loan for the buyer, so you need a note and deed of trust drafted.
- The buyer sends addenda that change deadlines, deposits or repairs.
- The buyer misses a deadline and you’re not sure who keeps the deposit.
Ask what the fee covers before you hire. A deed-only job and full representation through settlement are different jobs. To check whether a lawyer is a registered settlement agent, the State Bar keeps a settlement agent page, and the State Corporation Commission confirms the others.
Do you need a realtor to sell a house in Virginia?
No, it’s not required; it’s your choice. A Virginia agent prices the home, runs showings and handles the back and forth on offers, and many sellers value that. Others take on those jobs themselves and keep more of the price. Our guide to selling a Virginia home without a realtor compares both paths.
There’s also a middle path. Beycome lists Virginia homes on the major home search sites and the MLS for $99, with $0 due to Beycome at closing, including Bright MLS in Northern Virginia. We work every day with local agents, settlement agents and lenders on the other side. On Concierge, a dedicated expert works with you on offers and negotiation, always on your side, and every decision stays yours. None of this replaces an attorney, and all of it works alongside one.
22,000+ homeowners have used Beycome, saving over $225 million in total (Beycome internal data, October 2026). See Virginia packages. Need your parcel number for the paperwork? Here’s how to find your Virginia tax ID.
More Virginia guides: Seller Closing Costs in Virginia (2026): Grantor’s Tax, Fees and Settlement.
Selling a house without a lawyer in Virginia: questions
Do I need a lawyer to sell my house in Virginia?
No. No Virginia statute we reviewed requires one, and the settlement law says a seller may retain an attorney if they choose. Many sellers still pay a lawyer to prepare the deed.
Is Virginia an attorney closing state?
Not strictly. Attorneys, title companies, title agents, licensed brokers and financial institutions can all act as settlement agents under Va. Code § 55.1-1003. But only the owner or a Virginia attorney may prepare the deed.
Who chooses the settlement agent in Virginia?
The buyer. Section 55.1-1006 gives the purchaser the right to select the settlement agent, and the seller can’t require a particular one as a condition of the sale.
Can a title company prepare my deed in Virginia?
Not through staff who aren’t lawyers. Under the Supreme Court of Virginia’s rules, a lay settlement agent can’t draft deeds. Title companies usually have a Virginia attorney prepare them.
Can I prepare my own deed in Virginia?
The law allows it. Section 17.1-223 accepts a statement that the owner prepared the deed. A mistake can cloud the title, so many sellers still have a lawyer do it.
How much is the grantor tax in Virginia?
50 cents per $500 of value, or $1 per $1,000, under § 58.1-802. The seller pays it unless the contract says otherwise.
Do I need a realtor to sell a house in Virginia?
No, it’s not required; it’s your choice. You can sell with an agent, on your own, or with a flat-fee MLS listing.
Reviewed by Beycome Brokerage Realty LLC, licensed real estate brokerage (VA #0226039625). Licenses: beycome.com/faq/how-to/are-you-a-licensed-broker/.
Prices were read on beycome.com on November 9, 2026 and may change. In Virginia, Basic is $99, Enhanced is $399 and Concierge is $1,399. Listings run up to 24 months, the maximum the state and MLS allow. “$0 at closing” means no Beycome fee at closing. Grantor tax, other local charges, settlement charges and any buyer’s agent pay you agree to still apply.
“Not required” reflects the statutes and court rules listed in the sources, read November 9, 2026. It doesn’t mean an attorney isn’t useful. Beycome is not a law firm and doesn’t give legal advice. Dollar figures are examples, not quotes.
This is general information, not legal or tax advice. Rules change and every sale has its own facts, so check with your settlement agent or a Virginia real estate attorney for your situation.
Sources
- Code of Virginia, Title 55.1, Chapter 10, Real Estate Settlement Agents (§§ 55.1-1000 to 55.1-1016): law.lis.virginia.gov, read November 9, 2026.
- Code of Virginia § 55.1-1006, Choice of settlement agent: law.lis.virginia.gov, read November 9, 2026.
- Code of Virginia § 55.1-1007, Disclosure: law.lis.virginia.gov, read November 9, 2026.
- Code of Virginia § 17.1-223, Deeds; name of preparer: law.lis.virginia.gov, read November 9, 2026.
- Code of Virginia § 58.1-802, Grantor tax: law.lis.virginia.gov, read November 9, 2026.
- Code of Virginia § 55.1-703, Residential property disclosure statement: law.lis.virginia.gov, read November 9, 2026.
- Supreme Court of Virginia, order of April 26, 2019 amending Rules of Court Part 6, § I (Unauthorized Practice of Law), Comment B, Real Estate Settlement Agents, effective July 1, 2019: vacourts.gov, read November 9, 2026.
- Virginia State Bar, Real Estate Settlement Agents, read November 9, 2026.
- Beycome, Flat Fee MLS Virginia, read November 9, 2026.
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