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We are not using an attorney. Yes, I know we should have hired one, as I have advised so many to do over the years, but we weren't anticipating problems and we really, REALLY want to sell this house. So no matter what an attorney may advise, we are going through with it, almost at all costs. Buy it is looking more and more like we might be getting screwed by the HOA at closing.
In Pennsylvania, as in a lot of states, Maryland included, the buyer gets to choose the title company for closing.
And by the way, our selling agent is an attorney, a real estate broker, and has had a real estate license for probably thirty years.
What is this about the HOA now??
As far as the title, every place I know of, in order to transfer property you must provide clear title for the buyer. So it would be essential to the buyers and their atty to have this straight.
And the buyer's attorney can probably, while not representing you, answer a few questions in order to facilitate/bring about a closing. For example, since you don't want to close till this is straightened out.
As far as texts from the title company...if they were truly good about texting, I prefer something in writing anyway, more so an email, rather than a phone call.
I dont practice RE in either of those states, but I find it very hard to believe that you as the seller would be forced into using a title company chosen by the buyer. You can hop on board with their chosen company, to maybe streamline things, but there really isn't much extra work (for either buyer or seller) if you do a split settlement w/ 2 companies.
It's absolutely customary in many states that the buyer selects the title company. The reasoning is because the title insurance is issued to the buyer. Often the buyer pays for at least a secondary/lender policy even when it's usual practice for the seller to pay the title search and primary policy. It's all negotiable though as are most things in a contract.
Imagine a seller selecting a buyer's homeowner's insurance. Kind of a ridiculous idea--same principle.
It's absolutely customary in many states that the buyer selects the title company. The reasoning is because the title insurance is issued to the buyer. Often the buyer pays for at least a secondary/lender policy even when it's usual practice for the seller to pay the title search and primary policy. It's all negotiable though as are most things in a contract.
Imagine a seller selecting a buyer's homeowner's insurance. Kind of a ridiculous idea--same principle.
yes, the buyer can select their own title company (RESPA and all), but I cannot imagine a state where the buyer can force a seller to use that same company for the seller's portion.
The seller (thread starter) should have chosen their own company to handle their side.. Possibly a company that conducts business in ways other than tweets and texts..
and honestly, I'll put it out there as I'm sure plenty are thinking the same thing.. .The thread starters agent is feeding them a line of BS (or is being fed a line by the title company) that the title company only tweets or texts. If the thread starter wants to post the name of the title company the buyer chose, I'll gladly research and/or call them to confirm they do not conduct business over the phone and/or by email
Pennsylvania is an attorney closing state. The OP REALLY should have an attorney do the final review of the documents, including the title report, before closing.
I have bought and sold two houses in PA, and closing without an attorney there is not a good idea.
I am not just writing this because I always say to use an attorney. In have bought and sold a house in AZ--no attorney, as that is not the usual process there. Same with CA where I bought 2 houses and sold 5 (3 through a trust).
In PA an attorney would review and discus the title documents. There the title company just sends out the paperwork, but does not process or do anything to clear the title. THAT IS WHAT THE ATTORNEY DOES.
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