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Real Estate Attorney or Settlement Technician?

By
Real Estate Broker/Owner with Highland Realty, Inc 0225 099336

Have you ever gone to a closing, expecting to see a seasoned real estate attorney and end up with a settlement technician, who has maybe been around for a month or so? What happens when things go south at the table over unresolved contract or repair issues? Yes, we Realtors have a duty to help facilitate and clear matters up before reaching the table, but sometimes the parties don’t reach an agreement beforehand. Then what? I had a very difficult situation come up and, the settlement technician was basically rendered comatose and speechless. The attorney who was responsible for managing the staff and closings was out of the office. The best she could do was to excuse herself until the parties either reached an agreement or didn’t settle.

I understand there was a bottom line we would eventually get to, but a seasoned full-time real estate attorney would have assisted in facilitating and keeping the settlement process moving forward - possibly separating the parties and helping to explore avenues to resolve the differences. Sometimes you just don’t reach an agreement and, someone has to make a decision to close or not. Once in awhile you run across an experienced settlement technician who satisfactorily closes an un-contested transaction, but if I am made aware ahead of time we will have a technician instead of an attorney, I always request the attorney. Your thoughts? Agree, disagree?

Pam Hofmann
Third Tennessee Realty & Associates, LLC - Crossville, TN
Your Crossville, Lake Tansi & Fairfield Glade Specialist

I would tend to agree with you but I believe in this day and age when you use a title company you are not engaging an "Attorney" for your closing, so the cost reflects the services you are requesting.

If you want an attorney to do the actual closing and not just review the documents, I believe you would need to pay a whole lot more than the $100 or $150 you are paying now.

Sep 24, 2006 02:05 AM
Professor X
NONE - Ludington, MI

I really don't mind any type of technition or closing agent.  Personally there is nothing on that HUD or in the documents that I don't understand or know how to explain, and I attend all of my closings (if possible) 

I really think it is up to the agents have a fiduciary responsibility to represent both buyer and seller (ie the realtors) to help the parties negotiate and work out any problems or misunderstanding...Other than explaining the documents, what responsibility does the closing agent have to make a deal close?

Just my opinion

Sep 24, 2006 01:54 PM