Seller's Duties in Real Estate Closings

by: Attorney Noyes

9/5/20232 min read

two people sitting during day
two people sitting during day

Sellers play an essential part in the complex dance of a real estate transaction, carrying out specific duties that must be carried out expertly. Particularly during the closing process, these responsibilities take center stage and have a significant impact on how well the deal is completed. Our goal in writing this article is to clarify the important duties of sellers during a real estate closing so you can confidently proceed through this challenging process, say Noyes & Associates' skilled real estate lawyers.

1. Full Disclosure:

One of the fundamental responsibilities of a seller is to make a complete and accurate disclosure of the property's state. Any known flaws, problems, or dangers must be disclosed. Such information should be disclosed, as withholding it may result in disagreements and legal issues. The best policy is honesty, and it's frequently required by law as well.

2. Maintain the Property:

Prior to closing, sellers are typically required to keep the house in the same state it was in at the time of contract signing. This entails seeing to it that all previously agreed-upon repairs are made and that the house is tidy and prepared for the buyer to take possession.

3. Title Clearance:

Clear and marketable title is necessary for closing, which is the third requirement. Sellers are required to take care of any problems that might taint the title, such as unresolved liens, judgments, or disputes. An exhaustive title search can help find and address these problems early on.

4. Cooperation with Inspections:

In order to evaluate the condition of the property, buyers frequently schedule inspections. Sellers should allow inspectors access to the property and any necessary paperwork as part of their cooperation with the inspections. The process of closing can go more smoothly if any issues that come up during inspections are dealt with in a proactive manner.

5. Transfer of Utilities:

Until the closing date, utilities are typically the seller's responsibility to keep in good working order. One of the most important parts of the process is arranging for the transfer of utilities to the buyer's name after closing.

6. Financial Settlement:

At closing, sellers are required to fulfill their financial commitments, which may include paying off the current mortgage, settling back taxes, and paying their proportionate share of closing costs as outlined in the contract.

7. Providing Necessary Documentation:

The deed, bill of sale, and any required affidavits must all be supplied by the seller, along with all required signatures. Inaccurate or delayed submission of these documents may cause delays.

8. Closing the Deal:

The closing meeting is where the sellers must appear to sign the papers transferring ownership to the buyer. Keys and any other items specified in the contract are typically exchanged during this process.

Essentially, it is the sellers' job to make sure that ownership is transferred to the buyer without incident. Working with seasoned real estate lawyers like Noyes & Associates is essential because navigating these obligations can be complicated. We're here to help you through the procedure, ensuring adherence to all legal requirements and reducing the risk of disputes.

Contact us if you are starting a real estate transaction as a seller or if you have any questions about your obligations. The success of real estate closings is our top priority at Noyes & Associates. The smooth transfer of your property and your peace of mind are our top priorities. For knowledgeable advice catered to your particular situation, get in touch with us right away.