How to Choose a Closing Attorney
Sep 21, 2020 · How to Choose a Closing Attorney 1. Get a recommendation from experts Many experts are involved in the real estate business. You will work with real... 2. Choose a lawyer who specializes in real estate Some lawyers specialize in real estate matters. Hiring lawyers who... 3. Check out the ...
When it is time to choose a closing attorney, we recommend: Choosing an attorney who has experience with real estate transactions Getting all the title, settlement and attorney fees up-front Looking at Section C on the Closing Disclosure for full …
Jul 15, 2019 · Check online and read reviews of several attorneys in your area. You can also call your local bar association or get a listing online. Just be sure that the real estate attorney you’re interested in is available for your chosen timeframe. When you look at reviews, make sure the attorney has happy customers and that they have a solid track record.
Oct 30, 2013 · In order to use your choice of attorney in a HUD closing you need to have your agent include the attorney or law firm in the Offer to Purchase. The language needed to be added to the contract can be as simple as “The closing shall take place at the law firm of Conrad Trosch & Kemmy, P.A.”. Once the contract is signed you have effectively guaranteed that you will be …
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Since buying real estate is likely the biggest investment you’ll ever make, you need to make sure all your bases are covered. In your search, make a list of essential questions that you should ask everyone you talk to.
Find out how long the attorney has been working in your area. For residential closings, a few years should suffice. For bigger transactions like commercial real estate or investment property, you want an attorney who’s much more experienced.
Tell the prospective attorneys about your particular situation. Then, ask them what they would do and what their typical procedures are. Knowing how they would plan to deal with things in advance will give you confidence and peace of mind.
Some attorneys require a retainer up front and then bill you the balance later. Ask them what their rates are, and how much they think your individual situation would cost. With so many fees involved in real estate transactions, you need a firm price so you can add the attorney to your budget.
Some law firms rely on other attorneys and paralegals to work on their cases behind the scenes. Ask if other people will be involved in the transaction or if you can expect to simply deal with one attorney directly.
There are several important things that every good real estate attorney should know. Read more about that so you’ll be aware of the intricacies involved in a real estate closing.
Once you’ve done the legwork, you should have no problems finding a reliable, quality real estate attorney who can help with the closing process. Be sure to check reviews and ask the right questions so your transaction will be a success.
As a buyer you need to be aware that in some circumstances sellers will try to induce you to use their closing attorney. This happens often when buyers are purchasing a home from a builder. The builder or their lender will offer to pay a portion of your closing costs if you agree to use builder’s closing attorney.
You need to do this because in some closing transactions the buyer has to include their choice of attorney in the actual Offer to Purchase contract in order to have said attorney handle the closing for buyer.
To avoid complaints involving the selection of a closing attorney, explain to the seller and buyer their respective obligations under the contract with regard to closing, and the services their attorney will perform.
An agent should be aware of what an offer provides on the issues of time and place of closing and choice of legal representation. Disagreements over time and place of closing, while minor, are important and should be resolved.
An agent should consider obtaining written documentation from any party for whom the agent employs an attorney stating the extent of the agent’s authority and that the party will be financially responsible for the services obtained by the agent..
If the parties cannot agree on these issues, the offer may never become a contract . Another source of controversy arises when an agent directs or attempts to direct the choice of attorney for a party without specific authority from that party to do so.
The time and place of closing should be negotiated by the parties. An agent may make suggestions about these choices but cannot make a decision. Likewise, choosing an attorney is the decision of the party desiring representation.
Under some purchase contracts, the seller provides and pays for the owner’s policy but the buyer pays for the lender’s policy. In this situation, because the buyer is paying for the lender’s policy, under RESPA, the seller is prohibited from requiring the buyer to purchase that lender’s policy from a particular title company.
If the seller agrees to pay for the title insurance (owner and lender’s policy), this provision would not apply. However, if the buyer is paying for title insurance (lender and/or owner’s policy), the seller cannot require the buyer to purchase the insurance from a particular title company.