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It's A Bad Idea To Use Uncle Stu To Do Your Settlement Unless He's A Real Title Attorney!

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Real Estate Agent with RLAH@properties AB95346

Yesterday, I wrote an offer.  And when we got to page 2 of the boiler-plate contract it was time to fill in the blank for the name of whichever title company and attorney the buyer chooses. 

OK, whatever the language says about the buyer choosing the settlement venue, it's usually the buyer broker who calls the shots on this one.  And I had a suggestion.  My buyer had a guy he wanted to use.  So here are the questions I asked:

  • Is he a real estate attorney?
  • Does this attorney do residential real estate settlements as the major part of his legal practice?

To get a law degree, you have to learn a bunch of stuff about real estate.  But it doesn't necessarily mean that just because someone has a law degree, they're the best choice to do the settlement on your new place. 

If Uncle Stu specializes in taxes, divorces, bankruptsy, criminal stuff - anything that isn't real estate settlements, he'll understand if you go to a title company for your closing. 

Oh, and you probably wouldn't want your favorite title attorney to represent you if you find yourself in a situation where you actually do need Uncle Stu's advice!

Comments(22)

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Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

I think it is just as important that the paralegal staff at Uncle Stu's has good grounding in real estate.  Absolutely, or the road to closing can be a little too exciting.

Sep 01, 2009 01:43 PM
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

Yeah boy, Uncle Stu sucks at real estate closings. Been there, done that. Then they get their little fingers in the "lets write a deed" pie, and I have seen problems arise from that.

Uncle Stu should stick to divorces, he will make more money, he won't change the face of the neighborhood with a poorly written deed, and he won't mess up my closing!!!

Great post Pat.

Sep 01, 2009 01:53 PM
James Downing - Metro DC Houses Team REALTORS®, CRS, GRI, ABR,MRP, MilRes
Real Living | At Home - Washington, DC
When Looking to Buy or Sell - Make the Right Move

So true Pat.  You gotta have someone who knows what the heck they are doing!  I have a bunch of friends who are lawyers - but I am not trusting just ANYONE doing a settlement for MY house!

Sep 01, 2009 01:54 PM
Michael Bergin
Coldwell Banker Residential Brokerage - ABR - SRES - Alexandria, VA
Northern Virginia Real Estate

Or maybe like a proctologist doing a face lift?  There are reasons people specialize!

Michael

Sep 01, 2009 02:11 PM
Barbara S. Duncan
RE/MAX Advantage - Searcy, AR
GRI, e-PRO, Executive Broker, Searcy AR

We close with closing agents here.  Attorneys do the deeds.  Title insurance is done by abstracters who've been in the business forever.  I think they do a great job. 

Sep 01, 2009 02:18 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Maggie, I think that most lawyers I know are pretty specialized these days.

Steve, I think that lawyers play a much larger role in New Jersey than they do down here. 

Mike, most of the settlement firms around here are totally well-oiled machines, including the paralegals.  They are an important part of the process.

Andrea, after my first Uncle Stu settlement, I learned how to differentiate.

James, or your client's homes!

Michael, now that is scary!

Barbara, I think it's important to use experts in all parts of the transaction.

Sep 01, 2009 02:32 PM
The Somers Team
The Somers Team at KW Philadelphia - Philadelphia, PA
Delivering Real Estate Happiness

Patricia - So true !  The analogy is the same for all parts of the services industry, from Realtor, Mortgage Pro to Title Company (Abstract, Attorney...etc) !  In PA, title insurance is regulated by zip code and sales price so we typically do not get much objection to going somewhere else.  We love the service we get from the title companies we have a professional relationship with !

Sep 01, 2009 02:33 PM
Elizabeth Bolton
RE/MAX Destiny Real Estate Cambridge, MA - Cambridge, MA
Cambridge MA Realtor

Hi Pat ~ The cautionary tale I use to drive home this point is about the transaction where the selller used an old highschool classmate she had just run into at her reunion and my buyer used her brother - from seven states away.  I was faxing him addendums (-a?) from old P & Ss to give him an idea of how to craft one to protect his sister. It was nuts.

Liz

Sep 01, 2009 02:34 PM
Steve Shatsky
Dallas, TX

Hi Pat... I always ask those clients, if Uncle Stu was a Podiatrist and you needed open heart surgery would you ask him for that?

Sep 01, 2009 02:54 PM
Steven L. Smith
King of the House Home Inspection, Inc. - Bellingham, WA
Bellingham WA Home Inspector

Pat,

I have seen Uncle Stew do many home inspections too.

Sep 01, 2009 03:03 PM
Terry & Bonnie Westbrook
Westbrook Realty Broker-Owner - Grand Rapids, MI
Westbrook Realty - Grand Rapids Forest Hills MI Re

Great advice . Use someone that knows whats going on in the industry don't pay and then have him learn on the job.

Sep 01, 2009 03:43 PM
Ann Hayden 636-399-7544
Berkshire Hathaway HomeServices Select Properties-St. Louis Missouri 314-775-2050 - Des Peres, MO
SelectAnn.com

Patricia,

My second cousin on my father's side might be what I need./....

Ann

Sep 01, 2009 03:59 PM
Stephen Kappre
KW Hometown - Mantua, NJ
Helping You Home

Patricia - Really only in north jersey - far less of a role in south jersey - it is almost night and day.

Sep 01, 2009 04:24 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Pat... I have a problem with this, those that are called a lawyer, but practice something else... yet they would represent a friend and or family member..  And I kind of just wrote about this not to long ago.  Not specifically about lawyers, but sticking to your profession or expertise...  this is a good reminder.

jeff belonger

Sep 01, 2009 07:03 PM
Janice Roosevelt
Keller Williams Brandywine Valley - West Chester, PA
OICP ABR, ePRO,Ecobroker

It is always sad (and makes the settlement so much longer) when a client insists on bringing the family attorney to a closing. In order to justify their fee, they nit pick stuff that is often irrelevant. Sigh!

Sep 01, 2009 11:55 PM
Ken Montville
RE/MAX United Real Estate - College Park, MD
The MD Suburbs of DC

Whatcha sayin' about my Uncle Stu? (or My Cousin Vinny).

This is my take: the buyer has absolute right (in MD) to choose whoever they want to perform title services.  I advise my buyer client that buying a house is not like going through the check-out counter at Wal-Mart. You don't get a refund if you don't like it or it doesn't fit.  of course, title insurance will cover a multitude of sins but, hey, it's important to get it right.

I have also dealt with title companies (from the listing side) that I would love to burn to the ground. Incompetent would be a nice word.  So, as long as the buyer has their eyes open....it's up to them.

(Now, why do all these short sale and REO agents insist on shoving their title company down my buyer's throat???)

Sep 02, 2009 01:01 AM
Teri Eckholm
Boardman Realty - White Bear Lake, MN
REALTOR Serving Mpls/St Paul North & East Metro

Patricia--Excellent point! I have sold homes to attorneys and in most cases they still use real estate closers rather than doing it themselves. It is worth the few hundred dollars to have it done by a professional that does it everyday not once every 10 years.

Sep 02, 2009 01:15 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Here mostly title companies do the closings. Sometimes attorneys who own their own title companies will do the closing but normally it is the title company. Katerina

Sep 02, 2009 05:00 PM
Alan Gross
PrimeLending, A PlainsCapital Company, Equal Housing Lender - Bethesda, MD
Loan Consultant

Those are good questions, particularly in legal matters. There are so many different specialties that no one can be an expert in all of them. In real estate their are very few agents who do both commercial and residential real estate. Although both involve the sale of real estate, what's involved in completing the sales are very different.

Sep 03, 2009 03:18 AM
Steven L. Smith
King of the House Home Inspection, Inc. - Bellingham, WA
Bellingham WA Home Inspector

I think that uncle Stu has high visibility and ends up getting us and our clients under pressure.

Sep 08, 2009 02:09 AM