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Here was my today's email to her re: our closing tomorrow:
Me:
Why can't you attend the closing? I see you have some class but this closing was scheduled within the first week of this contract? So, 6wks ago....
So, who is going to be present at the walk-thru/closing as our representation?
Her:
I will not be there and sellers are not "represented" at closing. Some Realtors attend and some don't. I don't and I won't be as my class commitment was made before your closing was even scheduled.
Out here agents don't typically attend seller signings because we are an escrow state. It takes about 10 minutes to sign documents. I think it is more common for agents to attend closings in states where attorneys are involved and buyers and sellers are often at the signing table together.
I think FL is an escrow state. Not sure why you want your agent there for a 10 minute sign some documents appointment. The most important thing is that you get your HUD 24 hours in advance for your agent to review.
Out here buyers are welcome to do a walk through. Most sellers are not there for the walk through. I guess it depends on your customs there. If the seller was going to be there, I would want to be there, but is it customary for sellers to be there for the walk through in your area?
So that is the reason for the 50/50 thing. There are local customs that come into play.
I read the email with a matter of fact tone, so I didn't see it as brusk.
So here is the real question...
If the agent had come and done the same listing presentation...the one you were so impressed with and got you 7 offers...AND she had said at the time of listing, "I don't attend closings for sellers," AND "I present offers over the phone" would you have still hired her? Would those things have been deal breakers in deciding to use her as an agent?
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Yowza.
"Brusk" is not the 5 letter word I would use to describe her after reading that.
And yet again, I find it interesting the differences state to state - in Indiana, the buyer and seller MUST have representation from the brokerage present at closing or risk losing their license.
I wouldn't expect to lose my license if I missed closing, but I have been told that I should expect to go to closing if I have presented myself as fulfilling a fiduciary role.
I have gone to closing for other agents, and had an issue a few months ago where I had backup if I had not been able to go.
It seems odd to me that, on one hand, we promote how we bring value from contract to close, and yet, on the other hand, it is not necessary to attend the closing...
And, Yes, one of the huge values here is the ongoing evidence in the CD forums of the differences between state laws and local practices across the country. Whoops. Across the continent, Joy...
"Brusk" is not the 5 letter word I would use to describe her after reading that.
And yet again, I find it interesting the differences state to state - in Indiana, the buyer and seller MUST have representation from the brokerage present at closing or risk losing their license.
Really, they legislate that? You learn something new every day.
I can see in states where buyers and sellers sit across from each other and sign...I can't imagine NOT being there.
Out here we do everything for the ease of the client. I have had a wife sign at 8am and a hubby sign at 6pm. I'd say more often than not, my sellers sign at different times or we get them the docs via bank serve at their new location.
It seems odd to me that, on one hand, we promote how we bring value from contract to close, and yet, on the other hand, it is not necessary to attend the closing...
I can see this being a concern if you don't get docs in advance. Often times people are signing over a lunch break, before work etc where they have a time constraint. I get docs at least 24 hours in advance for my clients so they can read them on the comfort of their couch...and same for me. That way any errors can be corrected before we hit the signing table. It makes buyer and seller signings go super fast.
I make 95% of my buyer signings. The only times I don't is if I am sick or my kids are sick. BUT...I would have still read the docs before hand and talked with my client about them.
To me the fiduciary duty lies in helping your clients look over the documents in a stress free way. Being present for the act of signing and notarizing is good business practice, but the fiduciary piece should have occurred already.
Really, they legislate that? You learn something new every day.
I can see in states where buyers and sellers sit across from each other and sign...I can't imagine NOT being there.
Out here we do everything for the ease of the client. I have had a wife sign at 8am and a hubby sign at 6pm. I'd say more often than not, my sellers sign at different times or we get them the docs via bank serve at their new location.
I am in one of those traditonal close states where buyers, sellers, both agents, both attorneys, the closing agent, sometimes the lender and often, an assortment of children show for closing. I advocate that sellers give their attorney POA and not attend. Both their attorney and I ( assuming I represent the seller) are present and the sellers are reachable by phone.
Nothing quite like a protracted or dry closing that absolutely no one can do a darn thing about while buyer and seller are giving each other the stink eye.
I am in one of those traditonal close states where buyers, sellers, both agents, both attorneys, the closing agent, sometimes the lender and often, an assortment of children show for closing. I advocate that sellers give their attorney POA and not attend. Both their attorney and I ( assuming I represent the seller) are present and the sellers are reachable by phone.
Nothing quite like a protracted or dry closing that absolutely no one can do a darn thing about while buyer and seller are giving each other the stink eye.
I can see in states like Illinois and I think the Carolinas where you all show up together it would be essential for your agent to be there. I still don't know how you guys do that. What a nightmare when the transaction hasn't gone well...
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Originally Posted by Silverfall
I can see in states like Illinois and I think the Carolinas where you all show up together it would be essential for your agent to be there. I still don't know how you guys do that. What a nightmare when the transaction hasn't gone well...
Smart agents working with good attorneys ensure that separate rooms can be available. Stories abound about hearing the hollering down the hall.
I haven't had one like that. Yet.
Many closings, the seller goes in the day before and signs the deed and lien waiver, and the agent comes to closing and signs the HUD for the seller as the agent.
And, quite a few folks make very nice over the closing table with the other party, tell a few stories, and sow good will.
Smart agents working with good attorneys ensure that separate rooms can be available.
In my area, the seller, or more likely, the seller's attorney, chooses the title company and time of closing. I have yet to see two rooms booked, even when the sellers are divorcing or when one party decides to bring along an extended family.
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