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buyer contacting seller's attorney directly

Started by renovice
over 12 years ago
Posts: 55
Member since: Feb 2009
Discussion about
can the buyer contact the seller's attorney directly and inquire about how the sellers are planning to address title issues showing up on the title report. it has been over a week w/o communication from the seller's atty
Response by selyanow
over 12 years ago
Posts: 132
Member since: Dec 2007

Where is your attorney and all the brokers in this?

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Response by front_porch
over 12 years ago
Posts: 5320
Member since: Mar 2008

you could attempt, but 1) generally seller's attorney will not speak to you and 2) it will p8ss off your own atty

I would recommend sending a broker-to-broker communication instead, and let seller's broker (who won't get paid unless the deal closes, and who may have recommended seller's atty) lean on seller's atty.

ali r.
DG Neary Realty

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Response by KeithB
over 12 years ago
Posts: 976
Member since: Aug 2009

I know when a seller has directly contacted our sides attorney, it did in deed really piss off our attorney. Our guy also said he was prohibited from speaking with the seller directly.

Keith Burkhardt
TBG

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Response by rb345
over 12 years ago
Posts: 1273
Member since: Jun 2009

When both parties in a real estatde sale are represented by attorneys both are prohibited
from speaking directly to the buyer or seller without his/her lawyer's consent

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Response by KeithB
over 12 years ago
Posts: 976
Member since: Aug 2009

"indeed" lol

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Response by jojo10
over 12 years ago
Posts: 60
Member since: Dec 2008

All good advice set forth above, but let me add a slightly different take. I'm an atty who has purchased recently. Given that I didn't want to have a fool for a client, I had my own atty. The seller's atty didn't like me contacting him, saying that I should go through my atty. Regardless, there were a couple of times when I needed the seller's atty to act and I didn't care about upsetting him. Like when he didn't get back to my atty about a proposed closing date or when the atty wanted me to send my contract signatures to my atty's office and then have my atty send them to him when I was anxious to get the deal signed up so that I could rate lock.

Sometimes one needs to cut through and get things done. Also, as with most transactional atty that have been practicing for a long time, I know most of the ways that attys fail to stay on top of things, delay things because of their own laziness or client requests, etc. and I was able to see through a lot of what the seller's atty would say. Both brokers in my deal were quite good at moving things along whenever we asked them to and I would try to go through your attorney and broker first, but at the end of the day, this is your deal and your new apt and if the deal is not getting the attention it needs, I personally wouldn't care about upsetting the atty by contacting him/her. Just be very professional about it (i.e. it's not ok to call/email the atty relentlessly, yell at the atty or expect the atty to get things done lightning fast-he/she has a lot of other deals going on).

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Response by kirby
over 12 years ago
Posts: 7
Member since: Jun 2009

ethical rules for attorneys--in this case the sellers attorney--prevent them from talking to the other party to a transaction if that person is represented by counsel.

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Response by rb345
over 12 years ago
Posts: 1273
Member since: Jun 2009

jojo10:

1. I share your impatience

2. but as you know, the attorney for your counter-party can be brought up on
disciplinary charges for communicating directly with a represented party

3. that fact sucks for people like you or buyers or sellers with slow attorneys

4. but it serves a very important purpose: protecting unsophisticated persons
from overreaching or being taken advantage of or defrauded

5. so the real remedy for people like you is to select or manage your attorneys
so that they act more quickly and/or respond to your concerns

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Response by saj533
over 12 years ago
Posts: 1
Member since: Jun 2011

My buyer would contact me and I would get the info from my attorney. There were no brokers.

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