Legal Question in Real Estate Law in Georgia

Who Knows Georgia RESPA Laws...........

Client is purchasing a house and has a fully executed contract that states the seller will pay all closing costs if he uses his preferred lender attorney. Client is VERY unhappy with the service he is receiving from preferred lender and has decided to switch and go with me, I can give him a better deal and pay his closing costs.

Here is the catch, I have contacted the Agent on site to inform them of the change in mortgage brokers and to let him know that I will be using a different attorney then the one listed on the contract... He told me that the seller/builder will not allow the use of another attorney, only the one stated on the contract.. NO IFS ANDS OR BUTS...

this is where my question comes in (FINALLY HUH).. If the seller/builder is no longer paying the closing costs does he have a say so in what attorney is used? Is it not a RESPA law that the client/purchaser has the right to select his/her own attorney? The attorney on the contract charges about $650 more than my attornet and since I am paying the closing costs that is big deal to me..

Can I use the attorney of the purchasers choosing?

Does the contract have to be ammended to show the new attorney and does the builder have the right to deny the use of a s


Asked on 3/30/05, 4:52 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Who Knows Georgia RESPA Laws...........

I think I know the answers to your questions; however it is impossible to give you reliable answers in this typy of format. You should consult with a local attorney.

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Answered on 3/31/05, 5:22 pm


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