Real Estate Attorney vs. Title Company: Who Do You Need in Michigan & Ohio?

Описание: In the real estate markets of Michigan and Ohio, the "Closing Team" usually includes a title company, but many buyers and sellers wonder if they should also hire an attorney. While neither state legally requires an attorney to be present at every residential closing, their roles are complementary—not interchangeable.

In this video, a Michigan and Ohio attorney explains the difference between administrative help and legal advocacy. We break down the "Neutral vs. Advocate" divide:

The Title Company: Their primary job is to perform a title search and issue Title Insurance. They are a neutral third party. Under Ohio’s ORC 3953 and Michigan’s Insurance Code, they facilitate the transaction but cannot provide legal advice. If you ask them, "How should I hold title?" or "Is this easement a problem?" they legally cannot answer you.

The Real Estate Attorney: Your lawyer is your fiduciary. They review the Title Commitment for red flags, draft custom addenda to the purchase agreement, and represent your interests during negotiations.

We also discuss Specific State Mandates. For example, in Ohio, certain documents like deeds must be prepared by an attorney. In Michigan, while agents use standard forms, only an attorney can legally modify those forms to fit a complex deal. Whether you are dealing with a "standard" sale or a complex commercial transfer, understanding that a title company insures the past while an attorney protects your future is the only way to close with total confidence.

✅ In this video, a Michigan and Ohio attorney explains fiduciary duties, title insurance limitations, and why title agents can't give legal advice.

Disclaimer: This video is for educational purposes only and does not create an attorney-client relationship.

Among legal topics covered in this video:

The Neutrality Rule: Why title companies in Michigan and Ohio cannot take sides in a dispute.

Legal Advice vs. Information: Understanding why only an attorney can tell you "what to do" with the facts found in a title search.

Title Insurance Coverage: What a title company’s policy actually protects (and what it ignores).

Document Preparation: Why Ohio requires attorneys to draft certain recorded instruments like deeds and powers of attorney.

Dispute Resolution: Who steps in when there is a boundary dispute or a "cloud" on the title during the closing process?

Cost Comparison: Why hiring an attorney often costs a similar amount to a title company’s "closing fee" while providing double the protection.

Michigan & Ohio attorney David Soble and the Soble Law team are dedicated to the success of their clients in the areas of real estate, contracts, and financial disputes. As part of our commitment, we actively write, publish, and create books, articles, podcasts, slide presentations, and newsletters—all designed to simplify complicated legal concepts related to real estate and finance.

We strive to make these resources user-friendly and practical so that anyone with a legal concern can understand how to reduce their legal liability and financial exposure.

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