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Does the closing attorney represent the buyer or should the buyer bring another attorney to closing?
Thanks for your thoughts. |
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Phillip, what state are you in? In Colorado, it is the choice of the parties whether to involve an attorney at closing (a good idea), but it's not a mandatory action, or even one that I see terribly often.
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In SC all transactions are closed by attorneys. As a general rule the atty at closing is hired by the seller and the purchaser has the opportunity to have their own counsel present if they so choose. I have been to several closings where there were 2 attys from different law firms for the same transaction. An exception could be in new construction closings the atty is supposed to act on the behalf of the purchaser even though closing costs are often paid by builder with stipulations of using the pre-approved 'builder's atty' and mortgage lenders. The 'second oppinion' is always paid for by the purchaser and considered to be payable outside of closing. As you can see this may also be a good place to consult a qualified agent to tell you what your rights are in your specific state.
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Even if it's not common practice in your state I would have an attorney. Nobody else in the room represents you, unless you count the buyers agent. An attorney doesn't do much, except for that one deal here and there (you know every other deal) were they make a huge difference. It's kind of like having insurance, you only need it when something goes wrong. You are paying hundreds of thousands for a home what is an extra $3-500 for piece of mind that everything is correct?
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