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Several states have laws on the books mandating the physical presence of an attorney or other types of involvement at real estate closings, including: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New
The closing attorney's primary function is to take care of all arrangements necessary to close the lender's mortgage transaction. The closing attorney coordinates all of the efforts outside of the loan approval process that allows the closing to take place.
Technically, you don't need a lawyer during the home buying process if everything goes smoothly with the seller and your realtor.
A salesperson cannot be appointed by both buyer and seller for the same property transaction. He can only act for one party. The same prohibition also covered the rental transactions. The ban on dual representation applies to all property transactions, including residential, commercial and industrial properties.
(1) All licensees in a common law agency relationship must disclose, in writing, whom they represent. This disclosure shall be made to all parties to a transaction who the licensee does not represent but with whom the licensee has substantive contact, such as prospective sellers, lessors, buyers and lessees.
(1) All licensees in a common law agency relationship must disclose, in writing, whom they represent. This disclosure shall be made to all parties to a transaction who the licensee does not represent but with whom the licensee has substantive contact, such as prospective sellers, lessors, buyers and lessees.
Well, dual agency happens when one agent is actually working with both the buyer and the seller in a real estate transaction. So, in Delaware that's totally legal, the same agent can represent both the seller, whose home they have listed for sale, and a buyer who may have called them about that particular home.
Purchasing or refinancing a home is often the single most important and expensive investment of an individual's life. In Delaware it is required to have attorney representation at real estate closings.
In Delaware clients are represented in dual agency unless otherwise specified. A dual agent is a real estate professional who represents both the buyer and a seller in a transaction. In designated agency, the real estate professional is representing either the buyer or the seller, but not both.
If a real estate purchase is not simply cut and dry, hire a lawyer for guidance. Transactions including problems with titles, disclosure, mineral or surface rights, and tax concerns can all lead to the need for a real estate lawyer.