Attendance at closings

ask george & chuck

Attendance at closings

 

Dear George: Who is required to be at the closing when I sign for my home? Does the seller have to be there?

Answer: A closing needs to involve a buyer or his representative, a seller or his representative, and someone who "opens escrow" in the real estate transaction. The escrow opening is typically accomplished by the buyer giving his deposit and his instructions regarding the real estate transaction to an impartial third party; that third party is usually a title company, but it could also be an escrow company, an abstract company, an abstract attorney, or a real estate attorney. The buyer and seller don't have to close at the same time. The title company or whoever is performing the closing may schedule separate closings for the buyer and seller or their representatives.

  E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.  

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George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.

Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.

George and Chuck are co-authors of Texas Real Estate Brokerage and Law of Agency published by Thomson Publishing.