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Some States, i.e. Indiana, require the agent to attend the closing.
On the other hand, some states, like Arizona, do not have a formal "closing" where both agents attend together with their clients. Each side signs their closing documents separately at the title company (or by mail if unable to travel to the title office). It's optional for the agent to attend, although I try to be there for my client if at all possible. There is really nothing for me to do except answer an occasional question that most likely could be answered by the title rep. The actual closing happens when the deed of trust is recorded, then the buyer gets their keys (barring any other contractual possession arrangement).
Some States, i.e. Indiana, require the agent to attend the closing.
So a RE attorney can't attend in place of the agent in Indiana? Just curious as I don't practice in Indiana and even old dogs can learn tricks which is why I'm asking. If that is the case in the OPs state in question, then I would think the BIC could attend on behalf of the brokerage and the agent herself wouldn't need to be there - just someone representing the brokerage.
So a RE attorney can't attend in place of the agent in Indiana? Just curious as I don't practice in Indiana and even old dogs can learn tricks which is why I'm asking. If that is the case in the OPs state in question, then I would think the BIC could attend on behalf of the brokerage and the agent herself wouldn't need to be there - just someone representing the brokerage.
It seems like the same concept as in Texas. We don't use attorneys. We use title companies here. Buyers and sellers don't close at the same time. Sometimes it's even on different days.
The escrow officer of the title company explains all the documents to the buyer and seller. Title companies are owned by attorneys BTW and buyers actually sign a waiver that the attorneys of that title company didn't represent them. They simply check the paperwork for fraud and order the title search since they issue the title policy.
A lot of agents in our area don't go to closings. I go to every single one. A buyer always feel reassured if their agent is there so we can remind of certain items discussed during the loan process and also give them a chill pill when the see the TIL...
But I think the agents is only there to sign paperwork? I'm not sure. I'm sure if you make a big enough stink about it, it can be arranged so that the agent will be next door/sit in another room while you sign the papers. If my agent ripped me off I would certainly ask her not to be there. But bring an attorney so they can look it over.
I think this is an excellent suggestion and should work for you Tollhouse. If it is a builder's salesperson, they will not even be at closing.
It seems like the same concept as in Texas. We don't use attorneys. We use title companies here. Buyers and sellers don't close at the same time. Sometimes it's even on different days.
The escrow officer of the title company explains all the documents to the buyer and seller. Title companies are owned by attorneys BTW and buyers actually sign a waiver that the attorneys of that title company didn't represent them. They simply check the paperwork for fraud and order the title search since they issue the title policy.
A lot of agents in our area don't go to closings. I go to every single one. A buyer always feel reassured if their agent is there so we can remind of certain items discussed during the loan process and also give them a chill pill when the see the TIL...
Naima
Was similar in CO though when I practiced there, at least at my closings, everyone was there (and we, as well, didn't use attorneys); however wasn't sure about the post by Tom where the agent 'had' to be there (in Indiana). I'm curious by nature, plus learning about other states RE laws helps me with clients down here. Since the OP doesn't want them there, I thought a good 'alternative' would be a RE attorney or the BIC. Thanks for the info, though, on Texas norms 'cause something else I can file away
I bought and sold 2 houses without an agent being at closing, but then I didn't use an agent, except once to review my contact and post on MLS for a flat fee. I don't see why an agent would need to be there. The escrow officer explained everything to me.
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I would do whatever my client wanted. If I can provide you the best service without being there, then that's what I'll do. I'll make sure I'm available by phone though
And I'd also spend a few moments trying to talk you out of it. Even though the law says my agency with my clients ends at closing, I've never thought that way.
I would want that person and their boss there just so I can tell them in person how much they have screwed me over, and how I will make it a point to explain in details to everyone that asks your opinion of said agent and agency. if they argue then pull out proof of what has transpired and call them out on it!
I would want that person and their boss there just so I can tell them in person how much they have screwed meover, and how I will make it a point to explain in details to everyone that asks your opinion of said agent and agency. if they argue then pull out proof of what has transpired and call them out on it!
What the heck did this sales rep/agent do to incur this sort of rath?
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