In Georgia, it is customary for the closing attorney in a residential transaction to represent the lender providing financing. When a lender is not involved, the attorney represents whomever is designated in the purchase and sale agreement. However, regardless of the party represented in a residential closing, a Georgia attorney owes a duty to all parties in the transaction. Those duties include:
▪ Closing the transaction pursuant to the terms of the purchase and sale agreement.
▪ Ensuring compliance with applicable State and Federal laws.
▪ Following the lender's closing instructions (where a loan is involved).
▪ Acting as escrow agent for documents and funds.
▪ Preparing and overseeing the proper execution of deed instruments and closing documents.
▪ Legally effectuating the documents with the appropriate court.
▪ Issuing final title policies.