Intake Forms for Real Estate Attorneys: Transaction Classification, Title Issues, and Closing Documentation

By Daniel Akselrod · July 2026

A client calls your office and says they need help with a real estate closing. That sentence could mean any of a dozen different engagements. They could be purchasing a single-family home with a conventional mortgage. They could be selling a commercial property held in an LLC with an existing commercial lease in place. They could be refinancing a multi-family investment property with a construction loan. They could be defending against a foreclosure action. Each of these is a real estate matter, and each requires a fundamentally different set of documents, a different title analysis, a different timeline, and a different fee structure.

A real estate attorney’s intake form is not a generic client information sheet with a property address field added. It is a transaction classification tool that determines the scope of the engagement, identifies potential title complications before they become closing delays, and establishes every deadline that will govern the matter from contract to closing.

Transaction classification: the first question that determines everything

The single most important field on a real estate attorney intake form is the transaction type. Everything downstream — the documents you prepare, the searches you order, the parties you communicate with, and the deadlines you calendar — depends on this classification:

• Residential purchase — the most common transaction type. Requires contract review (attorney review period in states that use it), title search and title insurance coordination, survey review, mortgage commitment follow-up, homeowner’s insurance verification, transfer tax calculation, deed preparation, and closing statement review. In attorney-closing states (New Jersey, New York, Connecticut, among others), the attorney conducts or supervises the entire closing.
• Residential sale — overlaps with purchase but from the opposite side. Requires disclosure compliance (seller’s disclosure, lead paint disclosure for pre-1978 homes), payoff letter from the existing lender, resolution of any open permits or municipal violations, deed preparation, and transfer tax liability allocation.
• Refinance — no buyer or seller, but the lender’s closing requirements are still extensive. Title search (to confirm clear title for the new lien), title insurance (lender’s policy), mortgage document review, HUD/CD (Closing Disclosure) review, right of rescission compliance (three business days for primary residences). Refinances have shorter timelines than purchases and less flexibility when the rate lock expiration is approaching.
• Commercial transaction — commercial real estate closings are an order of magnitude more complex. Due diligence periods are longer (30 to 90 days versus 10 to 14 days for residential). Environmental assessments (Phase I and potentially Phase II) are standard. Lease assignments or estoppel certificates from existing tenants are required if the property is leased. Entity formation or verification is often necessary (the purchaser may be buying through a newly formed LLC). Financing structures are more varied (SBA loans, commercial mortgages, mezzanine financing, seller financing). Your intake must capture enough detail to scope the engagement accurately.
• 1031 exchange — a tax-deferred exchange under IRC Section 1031 adds specific requirements: a qualified intermediary must be engaged before closing, the exchange timeline is rigid (45 days to identify replacement properties, 180 days to complete the exchange), and the intake must confirm whether the exchange is simultaneous, delayed, reverse, or improvement. Getting this wrong has serious tax consequences for the client.
• Foreclosure defense — not a transactional matter but a litigation one. The intake shifts from deal-oriented questions to litigation-oriented ones: when was the complaint filed, has the client answered, is there a lis pendens, what loan modification efforts have been attempted, is the property occupied or vacant, and is the client seeking to keep the property or manage the exit.

Client role identification: whose interests you are protecting

In real estate, the attorney’s role is defined by the party they represent, and identifying that party clearly at intake prevents conflicts and scope confusion:

Buyer representation — you review the contract to protect the buyer’s interests, negotiate repair credits, ensure clear title, review the survey for encroachments, coordinate with the buyer’s lender, and prepare the buyer for what to expect at closing. Your obligation is to the buyer, even when the seller’s attorney is professional and cooperative.

Seller representation — you ensure the seller’s disclosure obligations are met, negotiate seller-favorable terms, resolve title defects that could delay closing (open judgments, unreleased mortgages from prior transactions, estate issues), and ensure the seller receives the correct net proceeds at closing.

Lender representation — in some markets, the lender retains separate counsel to prepare and review mortgage documents, ensure the title insurance policy meets lender requirements, and supervise the closing on the lender’s behalf. The attorney’s duty runs to the lender, not the borrower.

Multiple parties — in some residential transactions, particularly in states without mandatory attorney involvement, one attorney may be asked to handle the closing as a “settlement agent” rather than representing a specific party. This creates ethical obligations to disclose the limited nature of the role and ensure no party believes they are receiving legal advice. Your intake should explicitly document the representation structure.

Your intake should also capture the client’s entity status. Is the client an individual, a married couple (joint tenancy, tenancy by the entirety, or tenants in common?), an LLC, a corporation, a trust, or an estate? Entity type affects deed preparation, signature authority verification, and tax reporting.

Property identification and title issue screening

Your intake needs enough property information to order a title search, identify preliminary concerns, and flag issues that may require resolution before closing:

• Property address and legal description — the street address is the starting point, but the legal description (lot and block, tax map ID, metes and bounds) is what appears on the deed. In some jurisdictions, the legal description is not available until the title search is completed, but if the client has a copy of their deed or title policy, capturing it at intake saves time.
• Current title holder — who is on the deed now? Does the current deed match the client’s current legal name and marital status? A client who purchased the property under a maiden name and has since married needs a name affidavit. A property held in a trust requires the trust agreement and trustee verification. A property where one of the deed holders has died requires estate administration or a survivorship affidavit, depending on how title was held.
• Known liens or judgments — does the client know about any existing liens? Mortgage liens are expected, but judgment liens (from lawsuits), tax liens (federal or state), mechanic’s liens (from unpaid contractors), and municipal liens (from unpaid water/sewer or code violation fines) can all appear on the title search. If the client is aware of any, capturing them at intake lets you assess their resolution path before the title commitment arrives.
• HOA or condo association — if the property is in a homeowner’s association or condominium association, the transaction requires HOA/condo documents (governing documents, financial statements, resale certificate or estoppel letter, any pending special assessments or litigation). Some lenders will not close without reviewing these documents, and obtaining them from the association can take two to four weeks. The intake is where this timeline starts.
• Known easements, encroachments, or boundary issues — does a neighbor’s fence cross the property line? Is there a utility easement that restricts where the buyer can build? Is there a shared driveway with no formal easement agreement? These issues surface on the survey and in the title search, but if the client already knows about them, capturing that knowledge at intake lets you prepare for the title objection conversation rather than being surprised by it.

Transaction timeline and contingencies: the calendar that governs the deal

Real estate transactions run on deadlines. Missing a deadline can cost the client their deposit, their rate lock, their right to object to title defects, or the deal itself. Your intake must capture every date that creates an obligation:

• Contract execution date — the date the contract was fully executed (both parties signed). This is the starting point for every contingency period.
• Attorney review period — in states that use it (New Jersey, Illinois, others), the attorney review period typically begins upon contract execution and lasts three to five business days. During this period, either attorney can disapprove the contract or propose modifications. Missing this deadline waives the right to disapprove, and the contract becomes binding on its original terms. Your intake should capture this deadline prominently.
• Inspection deadline — when must the home inspection be completed, and when must the buyer submit inspection objections? Missing the inspection deadline may waive the buyer’s right to request repairs or credits.
• Mortgage commitment deadline — the date by which the buyer must obtain a firm mortgage commitment from their lender. If the buyer cannot secure financing by this date, the contract may allow the seller to cancel. Your intake should capture this date and the name of the buyer’s lender and loan officer for follow-up.
• Title objection period — the window during which the buyer’s attorney can raise objections to defects found in the title search. After this period expires, the buyer is deemed to have accepted the state of title.
• Closing date — the target closing date (and whether it is “on or about” or “time is of the essence” — a critical legal distinction that affects whether a delay constitutes a breach).

Document preparation scope: defining the engagement

The final section of the intake establishes exactly what the attorney will prepare, review, or coordinate for this transaction. This serves as the foundation for the engagement letter and fee agreement:

• Contract review and negotiation — is the attorney reviewing an existing contract or drafting one from scratch? Are there non-standard terms that require negotiation (seller financing, rent-back provisions, escrow holdbacks)?
• Title search and insurance coordination — is the attorney ordering the title search directly, or is a title company handling it? Who is issuing the title insurance policy? In some states, the attorney issues the policy as a title agent; in others, a separate title company is involved.
• Survey review — is a new survey being obtained, or is the buyer relying on an existing survey? If the lender requires a survey update, who is ordering it?
• HOA/condo document review — if applicable, the attorney reviews the governing documents, bylaws, financial statements, and any pending litigation or special assessments that could affect the buyer.
• Transfer tax calculation — who is responsible for calculating and paying transfer taxes varies by jurisdiction and by contract terms. In New Jersey, the seller customarily pays realty transfer fee; in New York, both buyer and seller have separate transfer tax obligations.
• Closing statement preparation and review — the Closing Disclosure (for residential transactions) or settlement statement (for commercial) details every charge, credit, and proration. Errors on the closing statement are common and must be caught before the closing table.
• Deed preparation — the attorney typically prepares the deed, and the form of deed matters (warranty deed, special warranty deed, bargain and sale deed with or without covenants, quitclaim deed). The type of deed affects the guarantees the seller is making about title.

A real estate attorney who takes a call, jots down “purchase, 123 Main St” on a sticky note, and opens a file has done a fraction of what proper intake requires. The transaction type, client role, property details, title concerns, every running deadline, and the full scope of document preparation — all of it needs to be captured at intake, before a single deadline starts ticking. That is the difference between a closing that runs smoothly and one that scrambles.

The Legal Bundle includes real estate law alongside 37 other legal practice areas, each with matter-specific intake fields designed by a licensed attorney for how that practice area actually operates.