Real Estate Closings

A REAL ESTATE TRANSACTION:

Is the process of transferring the title to real estate from the current owner(s) or Seller(s) to the new owner(s) or Buyer(s). The transaction can, quite often, become complicated due to the complexity of the property rights being transferred, the amount of money being exchanged, and the Government regulations involved.

Requirements and processes vary considerably between States and areas of the Country.

The closing or settlement of a real estate transaction in the State of Georgia takes place with an Attorney/Law Firm as Georgia is an Attorney State.

Request For Title Commitment Form

THE CLOSING:

A closing takes place to transfer the title or Deed to the property from the current Seller(s) to the new Buyer(s).

The process to close a real estate transaction is as follows:

One of the parties to the transaction (usually one of the agents) contacts the closing attorney’s office to make arrangements for the closing. Contract is received from a party to the transaction. A pre-closer will order a title search and upon receipt it is reviewed and if there is a problem, the title issue is addressed and cleared. A property with a title issue cannot be transferred to the new buyer until the problem is cleared. If there is no problem with the title, the pre-closer will work directly with the parties as well as the lender to gather the information required to prepare the HUD/Settlement Statement, and the documents for closing.

They will gather information such as social security numbers for the buyer and the seller, their current address, their future address, the amount of the buyer’s homeowner’s insurance, current property taxes, homeowner association information and any other information required.

Once the buyer’s lender advises the parties that the loan has been approved or where no loan is being placed on the property, a closing date is scheduled. All the parties to the transaction, the buyer, the seller, the real estate agent (if one is involved) and possibly the lender’s loan officer representative, will come in to the attorney’s office and the attorney will explain the loan documents or if no loan is being placed on the property by the buyer, the necessary documents to complete the sale of the property.

Things that occur during the closing:

• The Buyer(s) delivers the funds for the purchase price and closing costs or the balance of their down payment and the amount of closing costs in the form of a certified check or through their banking institution, a wire transfer to the attorney’s office.
• The Seller(s) execute a Deed containing the legal description of the property which delivers title to the property to the new owner(s)/Buyer(s).
• The Seller receives a check for the proceeds of the sale based on the terms and conditions of the contract

After the Closing:

• The attorney sends the Deed to be recorded in the records of the County Courthouse where the property is located within the State.
• The attorney will complete the file by disbursing the funds remaining to send checks to the vendors listed on the HUD/Closing Statement.
• Should any matter remain, the attorneys office will complete the necessary documents to correct any issues.
• The attorney sends the Deed to be recorded in the records of the County Courthouse where the property is located within the State.
• The recorded Deed and other documents will be forwarded to the appropriate parties.

This last step for the Buyer(s) and Seller(s) to the real estate transaction should be a wonderful occasion and hopefully a win-win for both parties.

CLOSING COSTS:

The cost of closing a property will be about 3 to 5 percent of the purchase price and in addition, the buyer will need a down payment which is based on the loan program that they qualify for with their Lender.

The funds that are required are expected to be delivered to the attorney before or at the time of the closing.

Recommendations:

• Buyer(s) should negotiate with the Seller(s) the amount of closing costs that will be a part of the purchase and sale agreement between the parties.
• Obtain a HUD/Closing Statement to review and make any corrections prior to the closing. Compare the listed fees and expenses with the Good Faith Estimate from your lender where a loan is being obtained and review the contract to be sure that the terms and conditions have been met and all expenses are included on the document.
• Most importantly, obtain the assistance of a real estate professional (REALTOR®) to guide you through the process

To Prepare for the Sale or Purchase of a House:

The process to sell or purchase a house may involve some of the following:

• Hire a real estate professional (REALTOR^®); under the Broker, a real estate professional handles the logistics of listing the property in the local MLS systems, advertising, and perform the duties associated with the marketing of the property for sale (except “For Sale By Owner” properties). A real estate professional will recommend to the Seller(s) where there are complex issues to consult with legal counsel to resolve any issues prior to the sale.
• A Buyer may engage the services of a real estate professional to represent them and handle the logistics of locating properties for them to view and consult with as to which to purchase.
• Seller(s) may have the property qualified by a lender as to which programs the potential Buyer(s) may consider depending upon their requirements.
• Buyer(s) should become qualified and pre-approved by a reputable lender of their selection and consult as to which loan program is best for their financial needs. Pre-approval should be obtain prior to a contract being written and accepted by all the parties.
• Contract—a Purchase and Sale Agreement should be prepared by the parties which contains all of the terms and conditions that are agreed to between the Buyer(s) and Seller(s) to the transaction. A real estate professional is authorized to provide a pre-printed and legally approved form of a Purchase and Sale Agreement provided through the Broker. The buyer(s) and the real estate professional will complete the Purchase and Sale Agreement based on the needs and requirements of the Buyer(s) including any contingencies and special stipulations that are necessary to convey the requirements and meet the needs of the Buyer(s) and their loan requirements.
• Submission of Offer—the real estate professional for the Buyer(s) will submit the offer as prepared to the real estate professional or the Seller(s) if they are a “For Sale by Owner” and negotiations will ensue. The result of the negotiations will be set forth in either an acceptance of the Offer as written or in the form of a Counter-offer.
• Once the terms and conditions are finalized and a binding agreement date is determined, the appropriate parties are consulted with regard to setting the Closing with an Attorney. The time to prepare for the Closing is typically 30 to 45 days from the binding agreement date. The specific date will be found in the Contract terms.
• Due Diligence—is the period of time agreed to by the parties to conduct any inspections of the property for the Buyer(s) to determine the structural integrity and that all of the systems for the property are in working condition.
• Loan Period—is the period of time agreed to by the parties for the loan to be processed and approved by the Lender of the Buyer(s) selection. It is typically the responsibility of the Buyer(s) to meet all of the lender requirements and provide any and all documents required for the loan to be approved.
• Appraisal—an appraisal to determine the value of the property will be performed by a licensed appraiser during the loan period.
• Contingencies—during this period, any and all contingencies and conditions in the special stipulations should be met by the parties to whom they are directed. Any defects discovered during the inspection would be considered during this period as well as during the Due Diligence period. Depending upon the situation, a reduction of the sales price or the choice not to purchase the property would be made at this time.
• Closing—is the completion of the transaction as described above and all parties gather at the attorney’s office to transfer the Deed to the property and complete the transaction. At this time, all monies change hands and the closing costs are paid by the direction in the Purchase and Sale Agreement.
• If a real estate professional(s) (REALTOR^®) were engaged in the transaction, closing is the time that the Broker(s) receive payment for the services rendered by the real estate professional(s) (REALTOR^®) involved in the transaction.