| Closing (or settlement as it known in some parts of the
US) is the final step in executing a real estate transaction.
The closing date is set during the negotiation phase, and
is usually several weeks after the offer is formally accepted.
On the closing date, the parties consummate the purchase contract,
and ownership of the property is transferred to the buyer.
In most jurisdictions ownership is officially transferred
when the contract is registered at the cadastre, or, in most
US states, at the office of the County Recorder of the county
in which the property is located.
Several things happen during closing:
The buyer (or his bank) delivers a cheque (generally in the
US, a Cashier's check or wire transfer) for the balance owed
on the purchase price.
The seller signs the deed over to the buyer, and gives him
the keys.
A title company, lawyer or civil law notary registers the
new deed with the local land registry office.
The seller receives a cheque for the proceeds of the sale,
less closing costs and mortgage payouts.
Closing in escrow usually occurs in the western half of the
US states. A title company (rather than a lawyer) or other
trusted party holds the money and the signed deed, and arranges
for the transfer. This is primarily so that the seller can
give up ownership of the property, and the buyer can hand
over the payment, without both parties having to be present
at the same time. Escrow ensures an orderly transaction, or
if something goes wrong, an orderly termination of the agreement.
On the Eastern side of the US, settlement (as closing is
called) takes place on a specified date and time during which
all parties (usually including the agents involved) meet at
a settlement company presided over or supervised by a lawyer.
The transfer of money (in form of certified or wired funds)
and the property takes place, and the deed is then recorded
by the company.
<< Go
Back
|