The answer depends on your state, and in Connecticut it is non-negotiable: Connecticut law requires an attorney at every residential closing, while Washington, D.C. and Maryland let title companies close without one. The practical answer for anyone selling for sale by owner: budget for legal help anyway, because the purchase agreement is where FSBO deals get into trouble. A few hundred to a few thousand dollars in fees is cheap next to signing a contract you do not understand.
What NAR's Numbers Actually Say
For sale by owner is rare and getting rarer. In NAR's 2025 Profile of Home Buyers and Sellers, FSBO sales fell to 5% of all transactions, an all-time low, while 91% of sellers sold with an agent, a record high. When NAR asks FSBO sellers what they found hardest, getting the price right tops the list at 17%, with understanding and performing the paperwork next at 10%.
Connecticut: You Do Not Have a Choice
Connecticut is an attorney state, so a true do-it-yourself closing is off the table. Hire yours before you list, not at closing, so they can review your disclosure report, draft a compliant purchase agreement, and handle the conveyance tax. Typical fees run $500 to $2,500. Full details are on the Connecticut FSBO rules page.
D.C. and Maryland: Optional, and Still Worth It
Washington, D.C. does not mandate an attorney, and title companies can run the closing, but fees typically run $800 to $2,500 and review is the recommended practice. Maryland is similar: settlement companies handle closings without lawyers, with fees typically $500 to $2,000, but an attorney is strongly recommended when no agent is looking out for you. See the D.C. rules page and the Maryland rules page for the full contract and disclosure requirements.
What You Are Actually Paying For
- Contract review. Financing contingencies, deadline calendars, and addenda are where deals fall apart. An attorney reads them line by line.
- Mandated disclosures. Property condition reports and lead paint notices vary by state and carry legal consequences if wrong.
- Inspection and appraisal fights. When the buyer requests a repair credit, someone has to write the amendment and keep the deal moving.
- Wire fraud protection. The FBI tracked $275.1 million in real estate fraud losses in 2025, and fake wiring instructions target sellers who coordinate their own closings.
A realistic scenario: the appraisal comes in below your contract price and the buyer asks to renegotiate. Without an agent, someone must draft the amendment, retime deadlines, or release the buyer. That someone is you, or an attorney you have on call.
The Cost Question
Attorney fees are paid at or before settlement, separate from any commission, because you are not paying a listing agent. If tight cash flow is pushing you to skip legal help, remember the Notable Pay at Close program, available through Coldwell Banker Realty, covers presentation costs like staging, painting, and pre-listing repairs with nothing due out of pocket until closing, repaid from your proceeds. Keep the legal line item in the budget either way: it protects the sale you are already paying to prepare.
The Bottom Line
Before you list, know which category your state falls into: required, optional, or expected. Then walk the whole process with the FSBO seller checklist and the state-by-state legal guide. Whether you sell for sale by owner in Connecticut, Maryland, or Washington, D.C., attorney review is the cheapest professional protection you can buy. If you are not sure your contract would hold up, that is exactly what a free consultation is for: email Robert Clarke at robert.clarke@cbrealty.com or schedule a call, and start with the complete FSBO guide for the full process of selling your home without an agent.