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What is a closing? How much will my closing cost? Do I need a lawyer? If I have a lawyer, do I have to attend the closing? Whom does an attorney represent at a closing? What is a "title search" and why do I need one? What is title insurance? What are "adjustments"? Should I consult an attorney before signing a real estate contract? Whom does the Realtor represent, the seller or the buyer?
What is a closing? The closing is the meeting where you officially buy or sell a property. All the parties – the buyer, seller, lender and REALTOR® – sign the final documents and pay the money required to transfer the title to the new owner. In addition to the seller receiving money from the buyer, the Realtor, attorney and lender usually receive payment at the closing. Top
How much will my closing cost? Closing costs vary because no two closings are alike. The lawyer's time and the transaction's complexity are key factors for closing costs. A property's sale price does not necessarily influence closing costs. Ask your attorney for a written estimate of closing costs. Top
Do I need a lawyer? Legally, no. You can conduct your closing yourself. But, remember, it takes years of experience for lawyers to learn real estate law. Often, there are complex hidden issues such as zoning and environmental concerns that could affect the health of property owners and their families. Top
If I have a lawyer, do I have to attend the closing? No. You may give your lawyer Power of Attorney to make decisions and sign documents on your behalf. However, many mortgage lenders require the buyer to be present at the closing. Sellers often sign their documents in advance of the closing and need not attend. Top
Whom does an attorney represent at a closing? Both the buyer and seller usually have attorneys to insure that documents are executed properly. The lender also may have its own attorney. In Connecticut, it is common for the lender and the buyer to use the same attorney. Top
What is a "title search" and why do I need one? A title search will reveal any liens, judgments, restrictions, easements or other delays or obstacles to the sale of a property. The title search may be done by an attorney or a title searcher employed by an attorney. The title searcher reviews records at the town clerk's office to be sure the property can be sold by its legal owner. Top
What is title insurance? Insurance companies offer title insurance to mortgage lenders and property owners. Its purpose is to insure that a property is free and clear of liens, mortgages or other claims that would prevent its sale or use. Top
What are "adjustments"? Certain costs are required of a property owner; (for example, property taxes, sewer and water charges, fuel and association dues). Adjustments are made at the closing so that the seller pays those closing costs up to the closing day, and the buyer pays them from the closing day forward. Top
Should I consult an attorney before signing a real estate contract? As a buyer or seller, you may run into a deal you don't want to pass up, so it may not always be practical to consult a lawyer. However, that doesn't mean that it is a good idea. A lawyer can discover problems with the title or the contract that you might overlook. Always insist that any contract contain a contingency clause making the contract subject to review and approval by an attorney. Top
Whom does the REALTOR® represent, the seller or the buyer? Historically, the Realtor represents the seller. This is because the Realtor, as the listing agent, has an agreement with the seller before a buyer is involved. More recently, the real estate industry has introduced "buyer brokers," who represent the buyer, and "dual agencies," where the broker represents both parties. Realtors should disclose in writing whom they represent and their duties and obligations. Top |