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Do You Have To Have A Lawyer Conduct A Settlement in the DC Metro Area?

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Real Estate Agent with RLAH@properties AB95346

When a buyer selects a title company, should you make sure that a lawyer will be conducting the settlement?

The short answer is no.  In fact, there is a woman who began her career conducting settlement about the time I began to sell houses.  And without the benefit of a law degree, she has probably done more settlements than any of the Washington title attorneys.   In fact, she will be settling one of my listings at the end of this month, and I am impressed by how thorough she has been.

Still, when it comes to settlements, I am a bit of a lawyer snob.  Perhaps it is because so many of my own clients are attorneys. And maybe I'm influenced by the fact that many of my transactions over the years have been complicated, either by the details of the sale itself or by complications caused by one or more of the parties having questions or issues that do indeed require legal advice.

Also, the two companies I use most often make themselves available, not just around the settlement table, but they are a phone call away for those times when, as an agent, I don't want to find myself giving my clients legal advice. 

Having said that, I would much rather have a non-attorney with a few decades of experience doing nothing but settlement over a lawyer who specializes in drunk driving, divorce or practices before one of the area's federal regulatory agencies.

So there is no right answer to this one - except that whoever you use, lawyer or not, should do real estate settlement as the primary part of his or her practice. 

Comments(6)

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Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Pat, we are a lawyer state probably because the lawyers run the state house here but I really would never operate without a real estate attorney on the buyers side...i have seen many a litigious client come back after 10 years on a property issue to call the realtor into the foray of dissatisfaction & seeking damages...my $.02.

Aug 14, 2011 10:20 AM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Ambassador Kennedy,

We Realtors in CA don't know why anyone would ask an attorney to do what a escrow officer does.  We just don't understand that.

The old joke was: "Did you hear about the attorney who got his real estate license so s/he could kill her/his own transactions?"  It's not that funny, but you get the point.

Aug 14, 2011 10:47 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Ginny, we have a pretty litigious client population here in DC, and using a lawyer or not to do a settlement has less to do with it than basic disclosure issues - or lack of disclosure, more to the point.

And Lloyd, It may not be funny, but it is true.  There is one real estate firm here who instills fear whenever any of their settlement attorneys are anywhere near the transaction. 

Aug 14, 2011 10:52 AM
Christine Smith
Buyers Brokers Only LLC - www.BuyersBrokersOnly.com - Canton, MA
Exclusive Buyer Agent & Attorney, Canton, MA

Pat....I agree with that last paragraph especially.  We are a lawyer state.  I don't necessarily agree with that practice - even though I am a lawyer, LOL!  I wouldn't recommend anyone - buyer or seller - go unrepresented though.  And, although around here a lawyer represents the lender at closing, it does not necessarily mean that they should represent the buyer too.  The lender's & buyer's interests are not always the same.

Aug 14, 2011 02:19 PM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

I know that some states do all closings with an attorney but down here in Florida all you need is a title company to do a closing. That said, if it is a REO property, I always suggest that my buyer consult an attorney!

Aug 15, 2011 01:56 AM
Holly Weatherwax
Associate Broker, Momentum Realty - Reston, VA
A Great Real Estate Experience

Here in Virginia, we don't need a lawyer to to do the closing. My personal preference is to use a company with a lawyer on staff--just in case.

Aug 15, 2011 08:02 AM