Do Sellers Go to Closing and What Is Their Role?
Unpack the seller's crucial involvement in real estate closing, detailing their presence requirements and financial and legal responsibilities.
Unpack the seller's crucial involvement in real estate closing, detailing their presence requirements and financial and legal responsibilities.
The real estate closing process finalizes a property sale. For sellers, this involves transferring ownership and receiving sale proceeds. The process ensures financial obligations are met and legal documents are executed to convey the property to the buyer.
Sellers often wonder if their physical presence is required at the closing table. While it can be common for sellers to attend, physical presence is frequently not a strict requirement for completing the transaction. The primary objective at closing is the proper execution of all necessary legal and financial documents, which can often be achieved through various alternative methods. Specific state laws, local customs, or certain lender requirements for the buyer might occasionally necessitate a seller’s in-person signature, but these instances are less common than the availability of remote signing options.
One common alternative to in-person attendance is using a Power of Attorney (POA). A POA grants a designated agent, such as a family member, attorney, or real estate agent, legal authority to sign documents on the seller’s behalf. This document requires notarization and may need recording to be valid for real estate transactions. The appointed agent then attends closing and executes the documents.
Another method is a mail-away closing. Documents requiring the seller’s signature are prepared by the closing agent, like the title company, and sent directly to the seller. The seller reviews, signs, and has these documents notarized. Once signed and notarized, the documents are returned to the closing agent, allowing the transaction to proceed without the seller’s physical presence.
Remote Online Notarization (RON) is available in many jurisdictions. RON allows the seller to appear before a commissioned notary via a secure audio-visual link to sign documents electronically. This method offers flexibility, enabling sellers to complete their closing from almost any location with an internet connection, where permitted. The overarching principle remains the proper and verifiable execution of documents, regardless of the physical location of the seller.
Regardless of physical presence, the seller’s role centers on providing clear title and signing critical documents. The most significant document is the deed, which legally transfers property ownership to the buyer. This document must accurately describe the property, identify both parties, and be properly executed and notarized for recording. A valid deed is essential for legal ownership transfer.
Sellers may sign a Bill of Sale if the transaction includes personal property, like appliances or furniture, not permanently affixed to the home. This transfers ownership of those movable items. An Affidavit of Title is another common document where the seller attests to clear ownership, confirms no undisclosed liens or judgments, and verifies no unrecorded work that could lead to future liens. This affidavit assures the title insurance company and buyer about the property’s legal status.
Financial clarity is provided through the Closing Disclosure (CD), or a HUD-1 Settlement Statement for certain transaction types like reverse mortgages or cash deals. The seller reviews this document, which itemizes all credits and debits associated with the sale. This includes the sale price, real estate commissions (typically 5-6% of the sale price, often split between the buyer’s and seller’s agents), and any prorated expenses. Prorations involve dividing costs like property taxes, homeowner association (HOA) fees, or prepaid utilities between the buyer and seller based on the closing date.
If the seller has an existing mortgage, loan payoff statements are provided to the closing agent. These statements detail the amount required to satisfy the outstanding mortgage balance, including principal, interest, and any prepayment penalties, ensuring the lien is removed. The closing agent uses these figures to disburse funds, paying off the mortgage and distributing remaining proceeds. Arrangements are also made for the transfer of possession and delivery of keys to the buyer.
Once closing documents are signed and the transaction finalized, the seller’s primary post-closing action is receiving sale proceeds. These funds, representing the net amount after closing costs, mortgage payoffs, and prorations, are typically disbursed by the closing agent. Sellers generally receive funds via wire transfer within one to three business days after documents are recorded. In some cases, a check may be issued, but wire transfers are more common for efficiency and security.
The deed’s recording with the county recorder’s office formally marks the legal transfer of ownership to the buyer. The seller no longer holds title to the property. Practical steps remain, including ensuring all personal belongings are removed and the property is vacated as per the purchase agreement.
Sellers are responsible for coordinating the final transfer or cancellation of utility services, such as electricity, water, gas, and internet, to prevent continued billing. Contact utility providers shortly after closing for final meter readings and account closures. Additionally, setting up mail forwarding with the postal service redirects any mail sent to the old address. These final actions help to completely sever ties with the sold property and establish the seller’s new living arrangements.