Closing Attorney’s are not all bad!

When buying a home in the State of Virginia you have a choice as the Buyer to use a Settlement Agent instead of an Attorney:  In most purchase contracts the language is as follows:

Choice of Settlement Agent:  You have the right to select a settlement agent to handle the closing of this transaction. the settlement agent’s role in closing your transaction involves the coordination of numerous administrative and clerical functions related to the collection of documents and the collection and disbursement of funds required to carry out the terms of the contract between the parties.  If part of the purchase price is financed, your lender will instruct the settlement agent as to the signing and recording of loan documents and the disbursement of loan proceeds.  No settlement agent can provide legal advice to any party to the transaction except a settlement agent who is engaged in the private practice of Law in Virginia and who has been retained or engaged by a party to the transaction for the purpose of providing legal services to that party.

No matter how you slice it if you need legal advise from a Settlement Agent you can’t get it. If they mention that they have attorney’s on staff, they still CANNOT give legal advice to you in purchasing your home because you are not their client. 

In short when you have a choice go with the right choice and ask for an Attorney to handle your closing for you.  In case you need legal advice during the transaction you have it a phone call or email away.  Usually for the same price or less. 

For additional information take a look at

2 Responses

  1. We rarely use attorneys here. I have probably had only 1/2 dozen attorney attended closings in 10 years.

  2. That is the difference from Sate to State. I work with a lot of folks moving here from New York and they are surprised to find out that the Seller and the attorney;s are not at the closing table. In Richmond, VA you will find at the closing table the Buyer, the buyers attorney and the buyers agent.

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