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I am about to make an offer on a new house
I am being told that in Georgia, buyers do not use attorney's when buying homes and I should not take one to the closing. Instead, the only attorney present would be the "Closing attorney" that is representing the mortgage company. That just does not sound right
What if I miss something? I feel I should have an attorney present
Also, I am wondering, at what stage should I get the attorney involved?
Location: Upstate NY native, now living in Houston
663 posts, read 2,263,659 times
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You def. need an attorney involved on your behalf for this real estate transaction. It may save you lots of headaches in the future. This is probably the biggest investment you have made thus far in your life. You want to make sure you are legally represented.
Do you have an agent? If so, they should be able to answer this question.
I have no idea about Georgia, but in Texas, real estate attorneys are only used, in residential, if a situation is unusual or if the buyer really feels the need for one. Most residential transactions are handled using the forms promulgated by the Texas Real Estate Commission, written by their attorneys and filled out by the respective parties. The title company has a closer who handles the paperwork there. The lender doesn't have an attorney at the closing; it's usually the title company's closer, the parties to the contract, and their agent, and in many cases, it will be one party and their agent at one time and the other party and their agent at another time, depending on the convenience of the parties involved.
But, again, this is Texas, and I would hesitate to advise you on what is the norm in Georgia.
I guess it depends on what part of the country you are in. I'm in California, and attorneys are never used here, at least that I have ever heard of, and I have purchased numerous homes over the years.
Do you have an agent? If so, they should be able to answer this question.
I have no idea about Georgia, but in Texas, real estate attorneys are only used, in residential, if a situation is unusual or if the buyer really feels the need for one. Most residential transactions are handled using the forms promulgated by the Texas Real Estate Commission, written by their attorneys and filled out by the respective parties. The title company has a closer who handles the paperwork there. The lender doesn't have an attorney at the closing; it's usually the title company's closer, the parties to the contract, and their agent, and in many cases, it will be one party and their agent at one time and the other party and their agent at another time, depending on the convenience of the parties involved.
But, again, this is Texas, and I would hesitate to advise you on what is the norm in Georgia.
The agent is telling me that he was told by the seller that such is the case. I have learned not to trust anything he says-unfortunately
Wait, do I understand correctly that your real estate agent is taking the seller's word for how real estate is practiced in Georgia? That's not how it's supposed to work, at least, not in any state that I'm familiar with.
The agent is supposed to represent your interests, and taking the seller's word that you do not need an attorney (whether you do or not) is not doing that.
I though about doing that, but unfortunately he is family and it could get blown out of proportition. I had a candid conversation with him today, explaining that I am concerned about his lack of knowledge. i understand the lack of experience, ( I told him), but that can be rectified by acknowledging one's weaknesses and check with his broker for guidance. He was not pleased, after-all, he is the one with the real estates license. I told him I am considering using another agent and I explained why. The conversation did not end well
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