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Old 04-22-2010, 06:55 PM
 
26 posts, read 179,945 times
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I'm the seller and my closing is approaching. Should I go with a Escrow Agent to handle the closing or a Real Estate Lawyer..The escrow agent is a bit cheaper and it seems like they do the same thing.

THEN..

When I go to closing on the house I am buying ...I can use the Escrow agent for that as well? or would a lawyer be a better suit?

Thanks Forum!
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Old 04-22-2010, 07:03 PM
 
Location: Rural Central Texas
3,674 posts, read 10,601,272 times
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It is a matter of confidence and risk aversion. The Escrow agent can handled the routine details and ensure procedure is followed. A lawyer can identify problems and issues and deal with them.

If you want to ensure that there are no legal miss-steps, a lawyer is a better choice. If you are comfortable that there is little opportunity for legal issues and prefer to minimize costs, then an escrow agent is acceptable.

As a former Realtor, I urge you to engage a lawyer even if I personally might not always.
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Old 04-22-2010, 07:32 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,575,100 times
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May depend on where you are buying. In AZ, we use a title company/escrow officer to close. Attorneys are not involved. This is true for most western states. Other states only use attorneys.
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Old 04-22-2010, 07:41 PM
 
Location: Pomona
1,955 posts, read 10,979,128 times
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I guess it's also depends on the state ... here in California, most transactions are handled through escrow. In other states, attorneys handle it.
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Old 04-22-2010, 09:27 PM
 
Location: Bar Harbor, ME
1,920 posts, read 4,319,184 times
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When in doubt, go with the attorney. In the past twenty years, I've had 6 closings always with an attorney representing me.

Take the attorney to make sure everything is just peachy.
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Old 04-23-2010, 06:55 AM
 
225 posts, read 425,886 times
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I just closed in February and used a settlement company (recommended by the realtor, of course). They were fine, but I would definitely use a lawyer from now on. I encountered major problems with the house and wished I would have had the lawyer before to look over everything, such as the disclosure sheet and point out anything he thought looked "fishy." The settlement company doesn't look over that stuff, just does the work and gets the job done. Don't get me wrong, the settlement company did everything they were supposed to. I just think to have someone who knows the legal side to it all is best.
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Old 04-23-2010, 07:27 AM
 
Location: Simmering in DFW
6,952 posts, read 22,679,222 times
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I have used both and never noticed a difference. Actually the lawyer didn't cost me any more.
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Old 04-23-2010, 08:01 AM
 
Location: Barrington
63,919 posts, read 46,707,495 times
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This is another local thing.

In my area, the listing broker usually holds the escrow monies if they are a adequately licensed, insured and submit to audits. Flat Fee guys and discounters usually do not qualify and therefore do not hold escrow. Laws govern distribution and /or return of escrow funds.

Closings almost always close at the seller selected title company.

Both the buyer and seller's respective attorneys attend closing.
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Old 04-23-2010, 09:07 AM
 
Location: Salem, OR
15,572 posts, read 40,409,288 times
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Out here we use title and escrow companies for closings. I know on the east coast and some mid-west states that attorneys are used. I think you should do whatever is common in your area. The title companies have an attorney who is the title officer, so it isn't like there isn't an attorney involved. They just don't sit at the closing table with you.
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Old 04-23-2010, 09:15 AM
 
Location: Barrington
63,919 posts, read 46,707,495 times
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Quote:
Originally Posted by Silverfall View Post
Out here we use title and escrow companies for closings. I know on the east coast and some mid-west states that attorneys are used. I think you should do whatever is common in your area. The title companies have an attorney who is the title officer, so it isn't like there isn't an attorney involved. They just don't sit at the closing table with you.

In many closings out here, the attorney agent for the title company is the seller's attorney. How's that for a twist?
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