Special offer

are you SURE you want to use a personal injury lawyer to close?

By
Real Estate Broker/Owner with Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 GREC# 169695

I recently got a call from a buyer asking me to "change" the closing attorney on the contract. So I did that, but not before I asked questions.  LOTS of question. I'd never heard of the attorney and when the buyers said this same attorney was handling a personal injury claim for a friend I was more than a little concerned.

 

I mean really. Buying a home is likely the largest investment one will make in their lifetime. Georgia is an attorney close state. That means any attorney that is a member of the Georgia bar can by law close a real estate transaction.  BUT... it is in your best interest is to use an attorney that specializes in real estate. 

I've encountered in my career attorneys who

  • ended up having court dates change and they couldn't be available for the closing
  • were not familiar with title insurance
  • had no idea how to retire a manufactured home title
  • had no idea how to get a bonded title
  • failed to ask clients in what manner they wanted to take title to the property
  • failed to explain the closing documents

So when my buyer decided to "go his own way" I decided to let him know he was going his own way without me on board for that. I have a recommended list.  The attorneys on my recommended list are there for the benefit of my buyers. They DO real estate. They do nothing but real estate and real estate related manners.

 

Posted by

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Tammy@Lake-Sinclair.com

(Click on Lane Realty Logo for web site)

Tammy Lankford, Broker/Owner

 

Broker License # 169695  Lane Realty License # H-11420

Real Estate Instructor License # 355089

Call me today for all your Lake Sinclair real estate needs.

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Comments (26)

Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Oh, that has to be scary. But you did your best. Hopefully, the buyer will not live to regret not listening to you.

Jul 01, 2015 05:35 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I'm very afraid Jane Peters, very afraid.

Jul 01, 2015 01:36 PM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Tammy - I have heard plenty of stories from the real estate attorneys I know.  They get stuck explaining everything to the other attorney.

Jul 01, 2015 09:08 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Grant Schneider sellers do NOT have their own attorney in Georgia.  The buyer's chose and the attorney technically prepresents the lender in the transaction if there is a loan and the buyers if it's cash.

Jul 01, 2015 10:26 PM
Sharon Tara
Sharon Tara Transformations - Portsmouth, NH
Retired New Hampshire Home Stager

Oh no!  Seriously!  What are they thinking!

Jul 01, 2015 11:46 PM
Nicole Doty - Gilbert Real Estate Expert
Zion Realty - Gilbert, AZ
Broker/Owner of Zion Realty ZionRealtyAZ.com

First of all I'm glad Arizona does not require using and attorney. Secondly, how in the world would anyone think a non-real estate attorney could handle a real estate transaction? That makes no sense whatsoever.

Jul 02, 2015 12:43 AM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

I had to laugh Tammy. Get the right person for the job they can do best.

Jul 02, 2015 01:35 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Sharon Tara exactly.

Nicole Doty - Gilbert Real Estate Expert we don't have title companies in our state.  The attorney doesn't do the negotiating, just the title work and conducts the closing. I love it.  We have some great ones on our list.

Noah Seidenberg I'll laugh later, not now.

Jul 02, 2015 02:33 AM
Larry Brewer - Benchmark Realty llc
Benchmark Realty LLc - Nashville, TN

I'll bet this was messy. I had a similar situation last month with a buyer who was selling in Memphis and moving to Franklin, they wanted to know if it was ok to use the same attorney to close both deals, sure. It was her ex-husband and current husbands best friend. I never even talked to him. It was a cash deal, and thankfully the attorney here closing for the buyer was someone I had worked with many times. They were able to get everything done on time, but it made my nervous.,

Jul 02, 2015 09:46 AM
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

Evidently they felt comfortable with their personal injury Attorney...

Jul 02, 2015 01:10 PM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Tammy Lankford - you reminded me of a buyer who wanted to get 0.125% better rate from an Internet lender. We ended up closing late by a month and he paid extra $5K towards closing cost!

I always wish if our clients listen to our advice....

Jul 02, 2015 02:13 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

I can't say that I'm shocked that somebody tried it, but specialization is fora reason. Everything flows easier and you can break it down in an expert way.

Jul 02, 2015 04:10 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

Praful Thakkar Tammy seems to be ahead of us in so many ways these days and I wouldn't expect less really.

Jul 02, 2015 04:12 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

I suppose Evelyn has a point in that there has to be a certain comfort level with the personal injury lawyer.

Jul 02, 2015 04:14 PM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

Maybe the personal injury attorney has some experience in real estate? There has to be some reason your client chose them...other than getting them the big bucks! 

Jul 02, 2015 04:37 PM
Jeanne Gregory
RE/MAX Southwest - Sugar Land, TX
The most important home I sell is YOURS!

So glad we are a title theory state.

 

Jul 02, 2015 11:32 PM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

I applaud you for your stand on this, Tammy Lankford.  I run into this problem all too often.  It becomes obvious quickly that the Attorney (and their staff) have no clue about real estate/mortgages, let alone recent changes made within our industry.  What services and protections are they really offering their clients?  And what are those clients paying such a hefty fee for?  Again ... SO very glad you spoke up to your client ...

Gene  

Jul 03, 2015 12:30 AM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375

Gene Mundt, Chicago-area Mortgage Lender - www.genemundt.com  It is so painful to "speak-up" to them and not have them listen. Like standing and helplessly watching a train wreck...
Have a successful day -
Lynn

Sep 26, 2015 05:36 PM
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

I was listening to Tammy's side of that conversation and I told her afterward that she had shown amazing restraint in her attempt to convince that buyer. I probably would have had a few choice adjectives to add. I love how she always tries to look out for her clients.

 

Jul 03, 2015 12:36 AM
Claude Labbe
RLAH / @properties - Washington, DC
Realty for Your Busy Life

You lay out the options as you see them; along with the pros/cons.

And then...then....it's their task to proceed as you wish.

Sometimes it makes you shudder, but you can only suggest and state your concerns and then, step aside and proceed as they wish.

Keep us up to date when it's over.

Jul 09, 2015 02:14 PM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375
Atlanta Homes ODAT Realty - Love our Great City - Love our Clients! Buckhead - Midtown - Westside - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

Tammy Lankford 
This is one of my most sad situations - you detail the problems with the legal side. Another is using a mortgage lender who isn't really focused on the Buyer, as Praful Thakkar mentions in comment #17. And yet another sad issue is Buyers who use Uncle Ted's best friend's new son-in-law's brother's ex-partner's sister-in-law's son as the home inspector to save money. Lots of serious issues may go unobserved.

In the end, one has to do what you did and Claude Labbe mentions above -"shudder" and let them take their own consequences. The only thing I can't tolerate is hearing something later on that does me no good and does the Buyers no good either - receiving a call saying "WISH WE HAD LISTENED TO YOU". I always hope it works out for them as  Jane Peters mentions in her comment above.

Have a successful day - you smart REALTOR!
Your Atlanta friend - Lynn

Sep 26, 2015 05:48 PM