Legal Question in Real Estate Law in Maryland

Real Estate Settlement Attorney Responsibility

Since there is usually only one attorney for a real estate settlement, what is his responsibility to each party. Should both parties assume that the settlement will conform to legal standards?


Asked on 6/03/03, 4:56 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Real Estate Settlement Attorney Responsibility

A settlement attorney generally works for the buyer as it is the buyer who contacted the attorney for services. Yes, all services must comply with law or the attorney may be subject to discipline and recovery through civil action for not providing valid and bona fide service. If you are having questions about the settlement you may want to hire an attorney to attend with you. Joe Holthaus (410) 799-9002, (410) 619-5918

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Answered on 6/04/03, 7:38 pm
Robert Sher Wagshal and Sher

Re: Real Estate Settlement Attorney Responsibility

The settlement attorney's responsibility is to carry out the obligations of the parties as spelled out in the real estate contract. He/she prepares the deed and related conveyancing documents after searching the title to make sure that the seller is in position to pass clear title to the buyer. He makes sure that the buyer's mortgage documents are properly completed and that the deed and mortgages (actually called deeds of trust) are recorded in the land records. He acts as the escrow agent and thereby sees that the funds that are collected to consummate the transaction are paid to the proper parties. The parties have a right to assume that the settlement attorney is competent and following all requirements of the transaction. If you're unsure of this, you can of course bring your own attorney to protect you at the settlment.

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Answered on 6/03/03, 5:19 pm


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