Real Estate Closing Attorney
The De Bruin Law Firm provides real estate closing services and title insurance throughout South Carolina. Whether you’re a real estate professional, buyer, or seller, real estate matters require a large investment of both your time and money. That investment deserves a real estate law firm dedicated to serving you with efficiency and effectiveness. Contact us for more information on our real estate attorney services.
BUYING REAL ESTATE IN SOUTH CAROLINA
The home buying experience can often be very exciting, but can be equally stressful. At The De Bruin Law Firm, our real estate closing services are aimed at helping you understand each step of the real estate process. We understand that buying a home is often the largest investment a person will make. We would like the opportunity to help guide you through that investment. We want to make your closing experience as stress free and enjoyable as possible.
SELLING A HOUSE IN SOUTH CAROLINA
There’s a million reasons someone decides to sell: you’ve outgrown your house, your children are grown, you’ve saved for your dream home, you’re relocating, you need something in the city, you want to live in the country; whatever the reason you want to sell, your home is one of your largest investments, so you want to be sure and plan this out to get the most out of this long-term investment. A real estate closing attorney can help. Our closing services make sure any mortgage satisfactions required to sell your home are taken care of, a deed is drafted and recorded, and you are represented at the closing of your residential property.
WHAT IS INCLUDED IN A CONTRACT TO SELL REAL ESTATE?
A well-drawn contract should protect all parties. It should include: the offering price, down payment, legal description of the property, method of conveying the title, fees to be paid and who will pay them, amount of a deposit, conditions under which the seller and buyer can void the contract, the settlement date, financing arrangements, and a list of appliances, furnishings, and personal property that are being sold with the home.
Once you accept a contract, you then look at closing on the deal.
WHAT IS INVOLVED IN A REAL ESTATE CLOSING?
The road to closing is short, with only a few stops. Generally, all steps are handled by the title and closing agency laid out in your contract. We at the De Bruin Law Firm hope that upon writing an offer, you let your real estate agent know you want us to be used as title and closing firm.
At closing, you will be there with (in some cases) a representative from your lender, your real estate agent, and an attorney who is acting as the closing agent.
As the closing agent, our job is to ensure all the necessary documents are signed and verified and that all funds are properly disbursed.
WHY IS THE PRESENCE OF AN ATTORNEY MANDATORY AT SOUTH CAROLINA REAL ESTATE CLOSINGS?
While the closing of a residential or commercial real estate transaction is a moment to relish, the process also can be stressful and contentious. The buyer and seller will be asked to review and execute a plethora of documents that address property tax allocations, transfer of title, and other key terms of the transaction. These documents are filled with legal terms and technical provisions rather than simple English. When one or both of the parties does not understand the complex provisions in these documents or mistakes are made in the execution of the documents, the outcome of a closing can adversely affect your financial future and life for decades.
Given the enormous consequences of a mistake or misunderstanding during a closing, South Carolina law requires that an attorney be present. South Carolina real estate closing attorneys provide multiple services. The lawyer must ensure that both parties understand the terms and conditions of the transaction. The closing attorney also will review state and federal laws that impact the sale. While an attorney can only represent one party at the closing, the buyer’s lawyer can prepare the mandatory legal documents for the seller.
Although your real estate agent might point you in the direction of an attorney, you have the right to select the lawyer you want to represent your interests at the closing. The buyer and seller often will each have their own lawyer. Our Greenville real estate closing attorneys provide insightful legal advice and personalized attention. We pride ourselves on facilitating uneventful closings whenever possible and zealously protecting our clients’ rights.
FREQUENTLY ASKED QUESTIONS (FAQS)
Do I need to bring anything to the closing?
Both parties (buyer and seller) need to bring a valid government-issued ID, such as a driver’s license, military ID, state identification card, or passport. The funds brought by the buyer must be in the form of “certified” funds (e.g. cashier’s check, money order, official bank check, cash, wire transfer, etc.) The payment should be made payable to the trust account of the closing attorney. While the seller needs to bring the keys to the property to the closing, the original deed is unnecessary. The specific items required at a particular closing might vary, so you should follow the instructions of the closing attorney.
When will the funds be released to the seller?
As long as the buyer has brought certified funds to the closing, the seller and the realtor will be paid at the closing table. The closing attorney will have responsibility for filing all subsequent documents with the Register of Deeds.
Can I opt out of having an attorney at my closing to save money?
The practice of law may only be conducted by attorneys in South Carolina. Under South Carolina law, real estate closing-related activities like examining the chain of title for liens, mistakes in deeds, conveyances, encumbrances, and liens are considered the practice of law. The use of a “closing agent” rather than an attorney in South Carolina is both highly risky and illegal.