User12760_2_t Mike Jaquish Keller Williams Realty, Cary, NC
Find Homes for Sale in your city:
Members: 120,713 - 2,612 Online Now  Login
 

Sometimes getting the keys conveyed properly is a small hurdle.

Folks sign all the paperwork, and expect to get the keys.  Legally, they do not own the home in North Carolina until the deed is recorded.  And that is the best time to hand over the keys, after recording of the deed.  The final title search for liens is performed just before recording.  Things happen.  Issues arise.  Not often, but often enough to justify holding the keys until recording.

That can be difficult to understand, when they have driven across the State, or across Country, and the moving van with all their belongings is circling the attorney's office...

Door and latch

It is common in Cary, NC, to give the keys to the Buyers at the closing table.  Most Sellers do so, and I wonder if they truly understand the risks involved.

I tell my Sellers it is wise to offer the keys after recording, but that the decision is theirs.  I clearly tell Buyer Agents that we need to close early enough in the day to allow time for recording, "So the Buyers can get the keys the same day."

Often the keys are left with the closing attorney, who gives them, or doesn't give them.

I went to a closing this week.  Seller side had come in earlier and signed their paperwork.  We were waiting for the Buyers' down payment and the mortgage funding wire transfers into the trust account, and they were delayed.

Paperwork done, the attorney said, "I have a front door key here, somewhere..."  He dug it out, and started to hand it over.  I heard his wheels turning... wire transfer.... not recorded... Hmmm...

He started to pull back, as he thought about the funds transfers.  I could see him wavering.  I understand and empathize, seriously.  It is a significant decision, fraught with liability all around, to allow someone occupancy, without an absolute assurance of consummation at the bank and courthouse.

He hesitated a little more.  My Buyers seem like such nice folks.  (They really are...)

The secretary stuck her head in the door, as he wavered a little more.  As he paused, she said, "That was the other agent on the phone.  She has put the other front door key under the door mat."

It got quiet, and then some grins began to bloom around the room.  I grabbed the opportunity to quip, "Sir, if you will feel better about holding that key, I'm sure it isn't an issue for these nice folks."

He laughed and tossed them the key.  The wire hit about an hour later.  Recorded, done deal, happy Sellers and Buyers!

 

14 Comments on Cary NC Real Estate, Closing table grins and chuckles...

Mike, How do you feel about the Buyers Agent removing the key from the lockbox at the walkthrough right before going to closing? My sellers had vacated and relocated. They did a mail closing. Buyers agent went to walk through a couple of hours before closing...and removed the key. I did not know she was planning to do this and did not find out until the next day.

Ginger

11/10/2007 08:55 PM by Wilmington NC Real Estate Ginger & Roger Sala Keller Williams (Keller Williams Wilmington North Carolina)


Ginger,

Kinda nervy, I think!

I don't like anything like that done without communication and mutual consent prior to the act.

There are fundamental legalities involved that may be waived with educated consent, but not swept aside unilaterally.

11/10/2007 09:28 PM by Mike Jaquish Keller Williams Realty, Cary, NC (Keller Williams Realty)


Giving the key before the deed is recorded is definitely risky business. I once heard about a builder allowing the buyers to move in the day before closing - with no signed paperwork for the buyers to take possession beforehand. Well...wouldn't you know it! Something happened with the loan so they couldn't close. The buyers refused to move out so I'm guessing the builder had to evict them.

11/11/2007 12:00 AM by Darleen McCullen, Broker-Raleigh, NC Real Estate (Keller Williams Realty - www.darleenmc.com)


Darleen,

Those stories are around.  It is a leap of faith, and I am amazed at the number of people who proceed without giving it a second thought.

11/11/2007 06:53 AM by Mike Jaquish Keller Williams Realty, Cary, NC (Keller Williams Realty)


Mike, I'm just glad we are an escrow state (California) because this isn't generally an issue. Escrow doesn't close when everybody signs, it closes after recordation.

Bill Roberts

11/11/2007 10:45 AM by Bill Roberts - "Baby Boomer" Retirement Planning (Brooks and Dunphy Real Estate)


Bill,

We call it "Closing," but it really is the "Closing Meeting." 

Our standard Offer to Purchase and Contract defines "Closing" as Recordation, also.

I think that we could stress better to clients the difference, but customarily it is overlooked.

Thanks for stopping in this fine Sunday Morning!

11/11/2007 10:52 AM by Mike Jaquish Keller Williams Realty, Cary, NC (Keller Williams Realty)


So that's an interesting process and I can see how pre occupancy could be a mess if the deal for some reason doesn't go through at the end.  It makes me realize why our "wet settlement" state is not a bad idea.  All funds have to be in or the buyer can't sign their part and take ownership.  If the settlement attorney handed the keys over without the funds being transferred it would be the last time I ever set foot in that office!

11/11/2007 04:07 PM by Bethesda Real Estate Sales ~ Josette Skilling (Long & Foster Real Estate, Inc.)


Josette,

It isn't just the attorney here.  It's all of us.

That's why I like to tell the Buyers' Agent, "Schedule it early, so we can have a same day close, SO YOUR CLIENTS CAN GET THE KEYS THAT DAY."

And then the Seller tosses them across the table.....

Thanks for coming by and commenting!

11/11/2007 04:15 PM by Mike Jaquish Keller Williams Realty, Cary, NC (Keller Williams Realty)


Mike,

Glad your closing went okay - I always worry about things until everything is final and the deed is recorded.  You hear horror stories all the time and I think your guideline to wait until the deed is recorded is a smart one.  It won't usually matter but if it does it can be a real mess. 

11/11/2007 09:49 PM by Rita Taylor | Sanford NC Real Estate & Homes for Sale in Sanford North Carolina (Strother Real Estate)


Rita,

Thanks.

Perfect scenario is an early morning closing, funds accounted for, and Buyers who will come back after lunch for the key. 

Perfect, and rare...

11/11/2007 10:14 PM by Mike Jaquish Keller Williams Realty, Cary, NC (Keller Williams Realty)


We have the same expectations in my State. There is nothing more uncomfortable than sitting at the closing and the Buyers Agent says, please give my clients the keys now so they can get going on their home. Especially when I am representing a bank!  I usually let the lawyer hold them and the buyers and the lawyer can plan their own meeting. This way it's the responsibility of the lawyer.

11/11/2007 10:21 PM by Karen Hurst ~ Real Estate Broker ~ Warwick ~ Rhode Island (Storm Realty LLC)


Karen,

That's what I do too.  "Let them go after recording."

You never know...

11/12/2007 05:30 AM by Mike Jaquish Keller Williams Realty, Cary, NC (Keller Williams Realty)


I am surprised at the  horror stories .We always give the keys at settlement.

11/12/2007 05:48 AM by GITA BANTWAL, REALTOR BUCKS COUNTY, PA HOMES (ReMax Centre Realtors)


Gita,

Are funds disbursed at settlement?  Does ownership pass at the table in Pennsylvania, or at time of recording?

Most all recordings go smoothly; I've not had any issues, myself.

But it only takes one horror story to bring down a career. 

11/12/2007 06:05 AM by Mike Jaquish Keller Williams Realty, Cary, NC (Keller Williams Realty)


Leave a response…

Name:
Notify me of new comments:
Comment:
What does the graphic say?
 
Real Estate Agent: Mike Jaquish Keller Williams Realty, Cary, NC (Keller Williams Realty)
Mike Jaquish Keller Williams Realty, Cary, NC
Cary, NC
More about me…
Keller Williams Realty

Cell Phone: (919) 880-2769
Email Me
Musings and meanderings around the North Carolina Triangle area, with pithy stuff about the Raleigh and Wake County area, particularly Cary, and thoughts about the Real Estate industry.


Links

Archives

RSS 2.0 Feed for this blog
ATOM 1.0 Feed for this blog

Find NC real estate agents and Cary real estate here on ActiveRain.
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.
© 2007 ActiveRain Corp. All Rights Reserved