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Real Estate Closing

The Role of a Real Estate Closing Attorney

When it comes to the complex nature of real estate transactions, enlisting the expertise of a real estate closing attorney is an almost always guaranteed best choice. Whether you're a buyer or seller, having a dedicated closing attorney by your side can make all the difference in ensuring a seamless, legally sound, and successful closing process. With our expertise, you can navigate potential challenges, protect your investment, and ensure a smooth transition into your new property. 

Why Hire a Closing Attorney

  • Legal Expertise A real estate closing attorney specializes in the intricacies of real estate law. They possess an in-depth understanding of the legal aspects surrounding property transactions, ensuring that every detail is handled with precision.
  • Title AssuranceYour attorney conducts a comprehensive title search, uncovering any potential issues with the property's title. This step helps avoid complications down the road and gives you peace of mind.
  • Document DraftingFrom contracts to deeds and all required legal documents, your closing attorney ensures everything is accurate and in compliance with local and state laws. This meticulous drafting protects your interests.
  • Problem ResolutionIn case of unexpected issues during the closing process, such as disputes or unforeseen complications, your attorney is your advocate, working to resolve problems promptly and protect your rights.
  • Funds ManagementA closing attorney is responsible for the collection and distribution of funds, including the handling of escrow accounts, if applicable, to safeguard financial transactions.

Potential Issues at Closing

Potential issues at a real estate closing can vary, and preparing for them is necessary.

Challenges can include title issues such as undisclosed liens, unresolved boundary disputes, and errors in public records. Outstanding liens and judgments, if attached to the property, may become the new owner’s responsibility. Disagreements between the buyer and seller, such as repair requests, disputes over property condition, or division of closing costs, can complicate the process. Financing hiccups, like delays or issues with mortgage approval and funding, can also disrupt the closing. Errors or omissions in the documentation, such as incorrect names or missing signatures, can lead to delays or even nullify the closing.

Another potential issue may be survey discrepancies, such as boundary line problems or unrecorded easements. A final walk-through of the property before closing may reveal unexpected issues, such as damage or missing fixtures included in the sale. Inadequate or expired homeowner’s insurance can also create complications. Having one of our skilled Emerald Coast Title closing attorneys on your side is invaluable in addressing these potential issues. Their expertise in real estate law and the closing process helps you navigate any challenges that may arise, ensuring that your closing proceeds smoothly and legally sound.

Closing Attorney Responsibilities

Title Insurance and Search

Your closing attorney conducts a meticulous title search to uncover any existing liens, claims, or restrictions on the property. They also guide you in obtaining title insurance, protecting you from potential title defects.

Draft Closing Documents

Drafting and reviewing closing documents is a crucial aspect of the attorney’s role. This includes the purchase agreement, deed, mortgage, and any additional documents required for a successful closing.

Collect and Distribute All Funds

Your closing attorney is responsible for collecting and distributing funds. This includes managing the down payment, closing costs, and any escrow accounts. In addition, they ensure that all financial aspects of the transaction align with your agreement.


Who Must Attend the Closing?

Typically, the parties directly involved in the transaction, such as the buyer, seller, their respective real estate agents, and the closing attorney, attend the closing. In some cases, a lender’s representative may also be present.

How Long Is the Closing Process?

The duration of a closing varies, but most closings take around 1-2 hours. However, the time frame can be influenced by factors like the complexity of the transaction and the number of parties involved.

Who Handles the Scheduling of the Closing Process?

The scheduling of the closing process is usually coordinated by the real estate agents involved in the transaction. Your closing attorney may also play a role in the scheduling, ensuring that all parties can attend on the agreed-upon date.

What Should I Bring to the Closing?

During the closing, you’ll need to bring a valid photo ID and any documents or items specified by your attorney or real estate agent. These might include the down payment, homeowner’s insurance, and any additional requested paperwork.