Lawyer at Closing?

[Sarah]

Hi! My mother is selling her house and is very sort of older and confused about finances, etc. She was told by her lawyer that she needs a lawyer at closing, no question. That's sort of a conflict of interest, though. So I thought I'd find out if that's the norm- I was under the impression that your RA is your agent there and defends your rights. But maybe it depends on the situation/what you are comfortable with.

What was your experience?

[SweetRed]

We had an attorney at our closings (sold and bought). Likewise, so did the other buyer & seller respectively. I learned recently, however, that this practice varies by state.

[IrishEyes]

We haven't had one at any of our closings (buying or selling). I do think it depends on the state.

[Hello Kitty]

Yeah, I think it varies by area. I would have a RE attorney look everything over - a transaction like that is something you want everything to tie out to. A RE agent is not a substitute for an RE attorney.

As a buyer, I think we paid ours $350 - that covered some negotiations as well as sitting with me at closing and checking the docs before I signed them.

[Jenyfer9]

We've had one at all of ours and I don't think that I would have it any other way... they are there to catch any errors in the contracts. In the whole total of costs, it's a small price to pay for peace of mind, IMO.

[LeslieR]

We had our lawyer at ours. he went through every singe piece of paper and explained what it was. The lawyer for the sellers was there also.

[tenofcups]

In New York, we were legally required to have one (what a crock). But in PA, I don't know anyone who has lawyers at closing (except the mother of one of my NY real estate lawyer friends!).

So, yeah, ditto the others--depends on the state requirements to some extent and if she thinks she needs extra help at the table. I personally wouldn't. Can you be there with her to help?

[fuzzy]

We had one at all three of our closings.

[thedoorchick]

I have bought 8 houses and never had a lawyer present.

(But you knew that!) :)

[jajacobsen]

In Georgia, it is required by law to have a lawyer present at closings. He must explain all documents to the parties.

[GeekGirl]

We had a lawyer present, and I wouldn't have done it any other way. It's important that any errors be caught and corrected before any papers are signed!!

[Sophia]

Nope. I've been to several closings and never had a lawyer present. I think it depends on your state.

[ktdelsur]

We've had one at all of ours and I don't think that I would have it any other way... they are there to catch any errors in the contracts. In the whole total of costs, it's a small price to pay for peace of mind, IMO.

Ditto this.

SC required it so we did have one.

[pixielou]

a real estate agent is not a lawyer. and is not qualified to review legal paperwork. a real estate agents job is to find you a buyer for your home, at the best price possible.

if your mom is older and confused about the process, why don't you just have her sign over power of attorney to her attorney for this process? the attorney can then deal with all the paperwork and details, and then your mom could be spared the potentially emotional closing where she is signing over her house. it could also possible end up cheaper for your mom - she won't have to be paying her lawyer $200 an hour why he explains to her that the law says she has to have smoke detectors and carbon monoxide detectors before she sells, etc.

~pixie

[MLA]

I think it really depends on where you're selling/buying. I've had a lawyer at closing in one state and not in another.

[Toonces]

We've had one at all of ours and I don't think that I would have it any other way... they are there to catch any errors in the contracts. In the whole total of costs, it's a small price to pay for peace of mind, IMO.

Ditto.

[inbetweenaltnorm]

Sarah,

Know that I haven't though this process, but have heard, read, or watch this happen, but do agree with what pixie said to you on this.

Thank you.

[karlatta]

We did not have a lawyer present, but we did have a lawyer to look over the paperwork before we went to closing.

[lawyerlee]

Yeah, I think it varies by area. I would have a RE attorney look everything over - a transaction like that is something you want everything to tie out to. A RE agent is not a substitute for an RE attorney.
Assuming state law does not require an attorney to be present at closing, I think it is more important to have one involved in the process earlier on to make sure everything is in order and will go smoothly. By the time of closing, you're basically just signing paperwork. That isn't an ideal time to address concerns if it is possible to address them before that.

[lucycat]

I used to work in mtg closings and yes I worked with quite a few attorneys. Just depends on the area/state really. That said I think it would be a good idea to have the attorney there. The atty can review documents before your mom signs them. Trust me I have seen many things go wrong at closings. Someone will want to be able to review the terms ,etc, of her loan. I'm sure he would be looking out for her best interest. :) He could also tell her what all the legal terms mean - those mtg docs can be confusing! - hope that helps