Real Estate FAQs

Our firm practices in all matters of real estate law, including Residential Development; Residential Real Estate; Commercial Acquisitions, Development and Leasing; Environmental Law; Land Use and Zoning; and Eminent Domain and Condemnation.

Although our firm practices in a wide variety of real estate matters, we have real estate closing attorneys that focus on residential purchases and refinances in Georgia and South Carolina.  For Commercial Real Estate, please refer HERE.

If you’re ready to schedule your closing, or if you have questions about a residential real estate purchase, including contract, commission, earnest money or due diligence, please contact one of our residential real estate attorneys.

Our Residential Real Estate Closing Attorneys:

Tucker3William H. Tucker
South Carolina
HannaR. E. Hanna III
Georgia and South Carolina
Fowler2Michael E. Fowler, Jr.
Georgia and South Carolina
SimonsPaul K. Simons, Jr.
Georgia and South Carolina
Driver3Chris Driver
Georgia and South Carolina
Martin3J. Milton Martin, Jr.
Georgia

When Can I Close Based On The CFPB Guidelines?

Try using this free interactive tool: Closing/Consummation Date Calculator.  If you have any questions, please call our office.

Do You Have a Comprehensive Checklist to Help Me Prepare for Closing?

From the Checklists, What Do I Need to Provide My Real Estate Closing Attorney?

  • Fully executed contract if purchasing/selling the property.
  • Termite Letter if you are purchasing the property.
  • Evidence of property insurance.
  • Commission agreement if a real estate agent is involved in the transaction.
  • Payoff information if you are selling or refinancing the property.  Many banks require a signed authorization from the seller/borrower before they will release this information.  In order to facilitate this process, you may use the following letter: Payoff Authorization.  Please provide the completed authorization at least 1 week prior to closing.  1 authorization per loan payoff will be required.
  • Contact information for any homeowner’s associations including contact name and phone number.
  • Any documentation required by your lender.

What Do I Need to Bring to Closing?

  • Wired funds. The title insurance company requires funds over $5,000 to be wired to the attorney’s trust account. This guarantees “good funds” and allows for immediate funding at closing. For wiring information, please contact our office.
  • Photo identification. This includes any valid state or federal identification including a driver’s license or passport.

Why Do I Need a Title Examination?

A title examination provides evidence of the legal title holder of the property. Tax records are not sufficient to determine the exact title holders of the property. A title examination also reveals any liens or encumbrances associated with the property that need to be satisfied and cancelled. In addition, easements and encroachments and other matters are identified in the process of the examination. It is customary to search records for at least 60 years. According to Fidelity National Title, “one in four title searches uncovers some problem that must be rectified prior to close.”

How Do Title Insurance Premiums Work?

Unlike other insurance premiums, title insurance premiums are a one-time fee without any future premiums.  Title insurance is only available for purchase at the time of closing. A buyer will not have the option to purchase title insurance after owning the property. The policy covers the insureds for the entirety of property ownership.

The amount of the title insurance premium is determined by the Department of Insurance.  The amount of the premium should be consistent regardless of the attorney conducting the closing.