Why Real Estate Buyers Or Sellers Pick The Closing Attorney?

In real estate transactions, there are a lot of questions that sellers and buyers alike ask during the process. Perhaps one of the most frequently asked—and most commonly misunderstood—is Who gets to select the closing attorney, buyer or seller? If you’re party to a purchase or sale of property in McIntosh County, it’s essential to know how this choice is determined to ensure a smooth and legally correct closing.

At Abstracts of McIntosh County, we’re dedicated to assisting clients through each stage of their real estate process. Understanding here, in this blog, we’ll take you through who usually chooses the real estate closing attorney, why it’s essential, and what local customs are involved here in McIntosh County, Georgia.

Understanding the Role of a Closing Attorney

Prior to discussing who chooses the attorney, let’s take a brief look at what the real estate closing attorney does.

A closing attorney is a licensed legal expert who is responsible for:

• Conducting a title search to verify ownership
• Preparing and reviewing the closing documents
• Coordinating lender and escrow services
• Maintaining compliance with law in the transaction
• Handling disbursement of money
• Recording the deed with the respective county office

In McIntosh County, a licensed attorney must conduct all closings for real property, while in certain other states, title companies can accomplish closings in the absence of legal representation.

So, Who Chooses the Closing Attorney?

In most real estate transactions in McIntosh County, the buyer will commonly choose the closing attorney. This is a practice based on the rule of thumb that whichever party pays for the title insurance and closing services may select who delivers them.

As the buyer will commonly pay for these (especially in financed transactions), the buyer generally selects the closing attorney.

When Does the Seller Get to Choose?

In all-cash transactions, for sale by owner (FSBO) deals, or other unique situations, the seller can select the attorney themselves, particularly if they are covering the title work or if it is bargained for in the agreement.

In some instances, the purchase agreement may identify the attorney or permit the parties to agree on one jointly.

Why Does It Matter Who Picks the Attorney?

Selecting the closing attorney is more than a formality. The attorney is the key to ensuring everything runs without a hitch. Here’s why it matters:

• Trust and Communication: The party selecting the attorney usually has more open communication and trust in the firm.
• Legal Protections: Although the closing attorney does not exclusively represent each party, buyers prefer to know they hired the professional who is handling their title and money.
• Speed and Efficiency: Being familiar with the attorney will make the process more efficient, particularly when deadlines are running short.

At Abstracts of McIntosh County, our attorneys and staff are impartial facilitators, providing equitable and legal closings for all parties involved.

Local Norms in McIntosh County Real Estate

In McIntosh County, we usually see state customs followed in real estate transactions, but local practices do apply too. Here’s what we commonly see:

• Buyer’s agent suggests a closing attorney.
• Sellers can offer to pay for closing costs (and thereby negotiate attorney selection)
• Lenders might insist on using approved attorneys, which still means the buyer can choose among alternative approved attorneys.
• Veteran agents usually have go-to local attorneys whom they refer for dependability and efficiency.

In each instance, the agreement of sale and purchase should specifically indicate who is retaining the attorney and who is paying for the same.

Can Both Buyer and Seller Have Their Own Attorney?

Absolutely! Although one closing attorney is handling the transaction, both buyer and seller have the right to retain their attorney if they want to protect their interests—particularly in transactions that are complicated.

The closing attorney is an impartial third party, but the presence of a second attorney for either side can be reassuring.

What If There’s a Dispute Over Attorney Choice?

Conflicts over who chooses the closing attorney are uncommon but not impossible. That’s why it is crucial to:

• Discuss attorney selection early in the negotiation process.
• Put the agreement in writing.
• Work with seasoned agents and attorneys familiar with local customs

At Abstracts of McIntosh County, we strive to clear up misunderstandings and keep your transaction on course, whether you are a buyer or seller.

Let Abstracts of McIntosh County Be Your Closing Partner

Whether you’re purchasing or selling a house in McIntosh County, having a learned, experienced real estate closing lawyer makes the difference.

At Abstracts of McIntosh County, we are reliable closing partners for lenders, agents, sellers, and buyers. From final signatures to title searches, we ensure that your real estate closing is done legally, promptly, and professionally.

Have any questions regarding the process of choosing a closing attorney or preparing for closing day? Reach out to Abstracts of McIntosh County today—we’re here for you each step of the way.