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Does North Carolina Require a Real Estate Attorney at Closing?

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Find Out Whether or Not You Need a Real Estate Lawyer in Charlotte, NC

Matheson Law Firm, P.A. breaks down whether or not a real estate lawyer is required in the state of North Carolina in the blog below. We answer:

  • What does a real estate attorney do at closing?
    • Document preparation
    • Title search
    • Title transfer
    • Contract disputes
  • Am I required to have a real estate lawyer at closing in North Carolina?
  • Where can I find a real estate attorney in Charlotte?

Buying and selling property isn’t as simple as other transactions. More financial risk is involved, and many laws and regulations surround real estate sales and purchases that take years of legal experience to navigate. With so many moving parts involved, it’s no wonder why many states require a real estate attorney to facilitate the closing process.

While being required to have a real estate lawyer at closing might seem like an unnecessary added expense, these professionals offer tremendous value that can’t be overlooked. Read on to find out whether or not a real estate attorney is required at closing in North Carolina and why it’s a good idea to have one present regardless of your state requirements!

What Does a Real Estate Attorney Do at Closing?

A real estate attorney acts as your guide to the entire property transaction process. There are many things that a real estate lawyer will do to assist both before closing and at the time closing occurs, including:

Document Preparation

The attorney’s primary role is to prepare and review all documents related to the sale or purchase of the property. These typically include the property’s title and the closing contract itself. When preparing and reviewing these documents, the real estate attorney is responsible for keeping their clients’ best interests in mind, offering legal guidance to renegotiate contract terms and avoid legal roadblocks.

Title Search

One legal roadblock might be an unforeseen lien on the property title or disclosure issue, which are much more common than one might believe. The National Association of Realtors found in a survey that 30% of real estate transactions are delayed due to title-related issues. With a knowledgeable real estate attorney present, buyers and sellers can avoid the pitfalls of problematic titles by having their lawyers perform a thorough title search before closing.

Title Transfer

Once the title search has been complete and the property’s history has been reviewed, a real estate attorney will assist with the title transfer to the new owner. They will handle all record filings with the town hall on your behalf, allowing for the smooth transfer of ownership from one party to the other.

Contract Disputes

As aforementioned, the attorney’s primary responsibility is to keep their clients’ best interests in mind. This is especially important when and if contract disputes arise between buyers and sellers. When this occurs, a real estate lawyer can review the sale documents to provide both parties with an unbiased legal opinion, guiding them toward a mutually beneficial resolution.

Am I Required To Have a Real Estate Lawyer at Closing in North Carolina?

In North Carolina, a licensed real estate attorney must handle all residential real estate closings. However, the state does not require the lawyer to be physically present. According to the North Carolina State Bar APAO 2002-1, a non-lawyer may:

  1. “Present and identify the documents necessary to complete a North Carolina residential real estate closing, direct the parties where to sign the documents, and ensure that the parties have properly executed the documents; or
  2. receive and disburse the closing funds.”

If you’re planning on buying or selling property in North Carolina, it’s best to proceed with a knowledgeable real estate attorney by your side.

Find Your Charlotte-Area Real Estate Attorney Today!

Whether you’re seeking to buy or sell property in the Charlotte area, Matheson Law Firm, P.A. has the experienced real estate attorneys you need to facilitate the transaction. Our real estate lawyers have experience assisting with traditional closings and virtual closings, allowing us to help buyers and sellers no matter where they may be located geographically.

Get started with a personalized consultation by contacting Matheson Law Firm at (704) 439-1350 today!