The seller's attorney doesn't feel the transaction meets GA's requirements, but we have an attorney licensed in GA (attorney state) handling this transaction. The closing company, a national firm, was chosen at the recommendation of the lender, a national lender. They hired a GA lawyer to oversee the work. This lawyer provided an attorney opinion letter and is overseeing the local signing. But the seller's lawyer won't approve this so-called "witness signing" and the seller won't sign.
Who is being unreasonable or at fault? We've paid for appraisal and title work, and were set to close so any change will involve hiring someone else and a lengthy delay. I don't know if the title company is at fault here as this is seemingly "not the way it's usually done" in GA. I believe we've provided information that should satisfy the seller and her attorney on the arrangement, but there is no movement. What can we do to encourage the seller to go ahead with the signing? If they won't, are they in breach of the contract? Do we have any recourse to get them to move forward or at least to cover our costs if they won't? What responsibility does the title company have? Thank you.
You need to ask all of these questions to the attorney that you are paying to close the transaction
This answer is for general informational purposes only. This answer is not legal advice, and does not establish an attorney-client relationship of any kind. James Faucher is licensed to practice law in North Carolina only. You should always contact a local attorney to get jurisdiction specific answers about the law.
It is unusual to see a witness only closing in a sale transaction. This is mostly done for refinances. Witness only closings, if that is what this is, have been disapproved of by the GA Supreme Court and the State bar of Georgia. While not made illegal by law so far, most lawyers will not do them. So both parties are being unreasonable and neither party is being unreasonable, if that makes sense.
As the purchaser of the property, I would be very nervous about closing the purchase unless a Georgia attorney handles the closing start to finish. That way the attorney will check title, issue a title insurance policy, and prepare the deeds all in accordance with Georgia law. You have the right to pick the closing attorney, not the lender. Pick a closing attorney near you and start the process over. Don't screw around with something this important.
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