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WHAT TAKES PLACE BEHIND THE SCENES WHEN CLOSING A REAL ESTATE TRANSACTION:
1. Attorney’s office receives the contract 2. We verify that the contract has been properly executed. Failure to properly execute a contract can cause closing delays. a. Common errors: i. If there are multiple sellers all sellers must sign the contract. Oftentimes we have a missing seller’s signature on the contract. ii. If the buyer or seller is a company, they are not to sign the contract as their individual name. They must sign on behalf of the company. iii. If the seller is an estate, the executor or administrator must sign contract as executor/administrator of the estate. 3. We gather specific information from buyer and seller. We send out an email with a buyer and seller information sheet. If there is a delay in getting back the information sheets this can cause the closing to be delayed. a. It is important to have the seller information sheet filled out completely because this is where the law firm gathers the information to order any mortgage payoffs, HOA closing letters and clear liens that come up on title by verifying the social security number. There are also sections that request information on whether the seller is deceased, divorced or has filled for bankruptcy. These all can cause issues that can delay closing. a. If seller is out of state seller, if they are receiving a profit, they will have to pay 3% withholding taxes to the Georgia Department Revenue, unless exceptions apply. If they are a foreign seller not only will they have to pay 3% in GA withholding taxes, but they will have to pay 15% in FIRPTA taxes. 4. If the closing is a cash sale: a. We order title once the buyer has made it through due diligence. The buyer is required to pay the title search fee upfront. b. Once the title comes back, we verify whether there are liens on the property. c. If there are liens, we clear them. i. How to clear a lien a. We must perform all duties stated above when closing a cash transaction. 1. We get the sellers/buyer SSN from their information sheet and we call the
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