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Old 07-24-2018, 12:09 PM
 
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Are lawyers usually involved in sales transactions?

In NYC, they are heavily involved. But my sister owns property in Philly, and she says they are not involved at all.

I am wondering what it is like in other states.
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Old 07-24-2018, 12:12 PM
 
Location: Ocala, FL
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Technically, they can be involved in any state or required in some states. In Florida, not as much but not uncommon.
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Old 07-24-2018, 12:35 PM
 
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Quote:
Originally Posted by NJ Brazen_3133 View Post
Are lawyers usually involved in sales transactions?
I am wondering what it is like in other states.

Sometimes, the same, sometimes different.
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Old 07-24-2018, 12:37 PM
 
Location: Central Texas
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Some states are attorney states where each party has an attorney and they are very involved. Most of those, as I understand it, are in the Eastern part of the country.



Other states are NOT attorney states but title company states. Lots of western states are title company states. Which doesn't meant attorneys aren't involved, they just work for/own the title companies, work for the state licensing board, state real estate boards, that kind of thing. In Texas, we're a title company state, and if an attorney is closely involved it virtually always means that something has gone very very wrong.



Every state is different as far as real estate law goes, though. Your mileage will almost certainly vary depending on where you are.
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Old 07-24-2018, 12:54 PM
 
Location: Inman Park (Atlanta, GA)
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Originally Posted by TexasHorseLady View Post
Some states are attorney states where each party has an attorney and they are very involved. Most of those, as I understand it, are in the Eastern part of the country.
This is true in the state of Georgia. Even refinancing and home equity loans are attorney involved in Georgia.

I have never been involved in a transaction where the closing attorney/real estate attorney wrote the offer/contract.
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Old 07-24-2018, 01:08 PM
 
Location: Salem, OR
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We don't use attorneys for normal real estate transactions here. They are involved in development projects or other complicated real estate situations.
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Old 07-24-2018, 01:41 PM
 
Location: Research Triangle Area, NC
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Quote:
Originally Posted by TexasHorseLady View Post
Some states are attorney states where each party has an attorney and they are very involved. Most of those, as I understand it, are in the Eastern part of the country.



Other states are NOT attorney states but title company states. Lots of western states are title company states. Which doesn't meant attorneys aren't involved, they just work for/own the title companies, work for the state licensing board, state real estate boards, that kind of thing. In Texas, we're a title company state, and if an attorney is closely involved it virtually always means that something has gone very very wrong.



Every state is different as far as real estate law goes, though. Your mileage will almost certainly vary depending on where you are.
Close but not quite.

My state is an "attorney state". The buyer in the transaction selects a closing attorney. The attorney technically represents the buyer but carries out both sides of the closing transaction (fortunately; this is usually at separate times and the buyers and sellers are not at the table together).
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Old 07-24-2018, 02:54 PM
 
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Attorney States: NY, NJ, NH, GA, NC, IL(?), and that's about it.
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Old 07-24-2018, 09:04 PM
 
Location: Columbia, SC
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Quote:
Originally Posted by TarHeelNick View Post
Close but not quite.

My state is an "attorney state". The buyer in the transaction selects a closing attorney. The attorney technically represents the buyer but carries out both sides of the closing transaction (fortunately; this is usually at separate times and the buyers and sellers are not at the table together).
SC is also an attorney state and they fulfill essentially the same role as the title company, as described by Nick. They aren't involved in the contracts, they just handle the closing/title processes. Usually there is only one attorney but occasionally the seller will also hire their own. In SC it is common practice for the buyer and seller to be present together at signing (except the coast/vacation destinations where they are normally mail aways for at least one party) though a few attorneys opt to meet the buyer and seller separately. Closings with a mortgage involved usually take an hour and cash about 15 minutes.
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Old 07-24-2018, 10:20 PM
 
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In NYC, the title company, and sellers attorney, plus buyers attorneys, and sometimes the broker is there at closing. I think sometimes the financing entities' attorney is there too or often times the closing is done at the financial entities' attorney's office.
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