Absentee owner wants to use their Closing Agent?

Question

I have a seller that wants to use their closing agent but I would rather use mine since I am looking to do a double close (wholesale deal).  The property is here in GA and the seller is in TX (and wants to use their closing company there). Isn't it required that the closing/title company be in the same state?

Also, my contract doesn't state the location of closing (lesson learned) but it does say "emd will be held at 'insert my closing attorneys office name here'". Is that grounds to say we have to close with my attorney based on the contract?

Thanks!

Jeff Filali · Answer

@Mark Sloan Learn from it and update your contracts.  I use two different ones based on if I'm the buyer or the seller.  Both specify using title co and escrow agent of my choice.

Here’s sample: BUYING, if Seller just swap Buyer/Seller

EARNEST MONEY.  Title Agent of buyer’s choice shall hold the buyer’s earnest money in escrow.  Upon default of this agreement, seller shall retain earnest money as the sole remedy without further recourse between the parties.

CLOSING.  Closing will be held as soon as possible for all parties, but no later than ____________, without written addendum to this agreement.  Buyer shall choose the escrow, title and/or closing agent.  Seller agrees to convey clear title by a general warranty deed, free of any liens, judgements or any other encumbrances.

Samuel Barton · Answer

Closing at a title company is not required.  You can close anywhere with a mobile notary if you have the closing documents.  Just have their title company draft the closing documents.  After you close the TX title company, have your GA title company draft documents to close with your end buyer.