Once you confirm to us that we are representing you, we will proceed to search the title of the Property
and prepare all necessary documents for closing. We will make every effort to close when it is
convenient for you. At Campbell Law Group, we strive to provide excellent customer service. We
schedule closings between 8:30 am and 6:00 pm and at other times by appointment to fit your needs. We
are open when you are ready to close!
Please let us know ASAP. We will gladly email or Fed Ex the closing documents to you. There is an
enhanced charge for the extra work and expense involved in a mail-away closing. In addition, please
understand that it is YOUR RESPONSIBILITY to sign these documents in the presence of a notary
public and return the documents to us by mail or Fed Ex for closing. You may have signed certain
closing documents with your realtor using electronic or digital signatures. However, in most cases we
cannot accept anything other than original, wet-ink signed documents for a closing.
1. Funds for Closing. Upon receipt of your closing package, a closing disclosure statement will be
prepared by our office. Until that time, we will be unable to provide you with the dollar amount
of funds needed to close. When that amount is available, we will let you know immediately.
In limited cases we can accept a bank check for your closing proceeds provided we can verify the
source of funds. Please contact me PRIOR TO CLOSING to make these arrangements and
confirm that a certified check will be sufficient for closing. In most cases, please be advised
that you will need to send funds for closing in the form of a wire transfer.
PLEASE NOTE: Due to the large number of fraudulent checks and other scams, all incoming
funds must be sent to us via wire transfer unless you have made previous arrangements with us.
We will gladly provide you with copies of our wiring instructions. You will need to make
arrangements with your bank several days prior to closing. In our experience, your bank will
require you to be personally present in the bank to sign the wire transfer request. If you are
unsure what this means for you in your closing, please contact your local banker for further
BEWARE OF WIRE FRAUD!
If you receive an email containing our wiring instructions, YOU MUST VERIFY the
instructions by calling our office! Campbell Law Group does NOT alter its wiring
instructions or its contact information. If at any time you receive a new or
different bank name, account name, routing number, account number or branch
location, DO NOT wire your funds! The new instructions should be presumed to be
fraudulent. You MUST CALL our office to verify wiring instructions prior to
sending funds. MAKE CERTAIN you are speaking to someone at Campbell Law
Group and DO NOT rely on a telephone number provided on new or altered closing
instructions. WHEN IN DOUBT, CALL US! We are not responsible for any loss
resulting from your failure to follow these instructions.
2. Two Forms of Identification. Please remember to bring your drivers license (or other
government-issued picture I.D.) and your social security card; most lenders now require two
forms of government-issued identification at closing.
Your lender will provide you with a Loan Estimate that discloses all of the fees and costs that you will be
expected to pay. To give you some idea of what to expect, typical expenses for closing would include:
(a) Lender fees;
(b) Title insurance;
(c) Recording fees and taxes;
(d) Attorney Fees;
(e) Escrows for your taxes and insurance;
(f) Express mail charges and notary fees.
Title insurance protects real estate owners and lenders against any property loss or damage they might
experience because of liens, encumbrances or defects in the title to the property. Each title insurance
policy is subject to specific terms, conditions and exclusions.
In preparation for closing, we will perform a title search. The nature of that search may take one of two
forms, depending upon whether or not the title has previously been insured. If the title has not been
previously insured, a search of the public records for a period of time satisfactory to the title insurance
company will be required. If the title has previously been insured, we can obtain affirmative coverage for
you and your lender by having the title inspected from the effective date of that coverage to the present.
Therefore, absent your objection, we will determine if title insurance coverage exists on the property and,
if so, have the public records examined from the date of that coverage. This procedure will enable us to
keep your cost to a minimum while, at the same time, providing full title insurance coverage for you and
satisfying your lender's requirements.
PLEASE LET US KNOW IN ADVANCE IF YOU HAVE A NEW SURVEY
We ALWAYS recommend a survey so that you know what you are purchasing. Please understand that
our certification of title does NOT pertain to matters of survey, and your title insurance does NOT
protect you against claims which would have been revealed by an accurate survey. We cannot stress the
importance of a real estate survey enough. It is common for all parties involved in a real estate
transaction to assume that a survey is an unnecessary expense. Depending on the size of the property, the
cost of a survey can range from a few hundred dollars to a few thousand dollars. In addition, a survey
takes time, and you will need to plan ahead and contact a surveyor early in the process. However, there
are many important factors that you should consider before deciding against obtaining a survey, such as:
Boundary Lines: Although it may be obvious, real property tracts are rarely clearly separated
from adjacent tracts (i.e. you cannot clearly see where your property begins and ends) You may
believe that you have 50 feet of road frontage, that a beautiful tree is just inside your property
boundary, or that your driveway is entirely on your property, but there is no way to be certain
without a survey.
Setback Lines: Almost every property has setback lines designated by a developer or the local
government. These lines prevent you from building structures within a certain distance from your
boundary lines. Only a survey can verify where those lines are in relation to the existing
structures, and any future buildings you may wish to construct.
Easements: There are two ways to determine whether real property is encumbered by easements:
a title search and a survey. Title searches are routinely performed by your attorney before you
close, but even your attorney cannot tell you exactly where those easements may be within your
boundary lines. A survey on the other hand, will show you where those easements are and help
you determine whether the property is suitable for your intended uses.
Encroachments: The more common scenarios that we see involve fences, outbuildings and
driveways. Even if a licensed contractor installed the fence or driveway, it is all too common that
fences and driveways end up a few feet over from their intended placement and wind up
encroaching on the neighbor's property. While the current owners may not mind this, a future
owner may come along and force you to move it at your sole expense. You rarely have a claim
against your seller if you purchased the property with this type of problem, because you had the
opportunity to get a survey.
Title Insurance: Title insurance companies will tell you that if you did not get a survey, you
effectively eliminated 90% of your title insurance protection. Most people do not realize that title
insurance will not protect you against any issue that would have been discovered with a survey.
This even includes property described on a recorded plat! Without a current survey, title
insurance companies do not provide insurance based on the recorded plat and therefore do not
insure your property dimensions.
Real property law still relies on the old legal maxim "caveat emptor," which means "buyer
beware." If you purchase real property that has encroachment problems, buildings within
setbacks, easements, etc., you are responsible for correcting them and you likely have no claim
against your seller. You take the property "as-is." A survey of the Property is the most reliable
indicator of potentially serious problems like boundary overlaps, shared driveways,
encroachments, certain zoning violations, unrecorded easements, discrepancies in the acreage or
property boundaries and other issues affecting the property.
It is your responsibility to order the survey of your property if you want. You are not required to
have a survey performed, but recognize that you are assuming certain risks if you purchase
without a survey. Many people rely on the county mapping online (GIS) as a reference for their
closing- GIS INFORMATION FROM THE TAX MAPPING OFFICE IS NOT A SUBSTITUTE
FOR INFORMATION THAT WOULD BE REVEALED BY AN ACCURATE LAND
As closing attorneys, we make no representation as to the structural integrity of any improvements on the
Property (if any), nor do we provide any opinion as to the environmental condition of the Property. In
addition, the survey should reveal whether or not the Property lies within a flood plain. As we are not
surveyors nor are we engineers, we make no representations as to whether or not the property lies within
a flood plain. Our ability to provide you with flood plain information is limited by what is disclosed to us
by the surveyor's report and by what, if anything, we may find on the public record.
Do you know about Restrictive Covenants? Many lots in residential subdivisions are subject to a Plan of
Development with Restrictive Covenants that regulate how the property can be used. In that we have not
yet searched the title to your property, we do not have copies of any such restrictions, but you will be
provided a copy at closing. In the meantime, if you are buying property in a subdivision, you should ask
your realtor or the Seller to provide you a copy of any restrictive covenants applicable to the property.
If you are married, you and your spouse both MUST attend closing. In the event either of you are unable
to attend the closing, please let us know immediately. It is possible to close by Power of Attorney if
necessary, but your lender must approve that procedure in advance of closing, and necessary document
preparation must be completed prior to the date of closing. Closings can be conducted by email and
Federal Express for convenience of the client, so please let us know as early as possible whether you
would prefer to close remotely. The seller and the real estate agent(s) may also be present.
Our base fee for the above services will be approximately $750.00. In addition to the foregoing base fee,
we reserve the right to charge more if we encounter substantial extra work due to a complex title search,
additional lender requirements and other such factors. We will, of course, attempt to disclose any cost
overruns with you prior to you undertaking the extra work. You will also be responsible for other out of
pocket expenses, including notary fees, electronic recording fees, courier fees and similar costs.
The North Carolina State Bar has determined that the performance of most acts and
services required for a closing constitutes the practice of law and must be performed only by an
attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or
firms from rendering legal services or advice. Although non-attorney settlement agents may
perform limited services in connection with a closing, they may not perform all the acts and
services required to complete a closing. A closing involves significant legal issues that should be
handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and
the North Carolina Association of REALTORS® that all buyers should hire an attorney licensed
in North Carolina to perform a closing.
WARNING: THE CLOSING ATTORNEY IS NOT RESPONSIBLE FOR THE CONDITION
OF THE PROPERTY. There are certain items that Buyer or Buyer's agents or representatives
should consider prior to closing because the closing attorney has no responsibility for these
Property Investigation: All desired tests, surveys, appraisals, investigations, examinations and
inspections of the Property as Buyer deems appropriate, including but NOT limited to the
(i) Soil And Environmental: Reports to determine whether the soil is suitable for
Buyer's intended use and whether there is any environmental contamination, law, rule or
regulation that may prohibit, restrict or limit Buyer's intended use.
(ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the
condition of an existing sewage system, (2) the costs and expenses to install a sewage
system approved by an existing Improvement Permit, (3) the availability and expense to
connect to a public or community sewer system, and/or (4) whether an Improvement
Permit or written evaluation may be obtained from the County Health Department for a
suitable ground absorption sewage system.
(iii) Water: Any applicable investigation(s) to determine: (1) the condition of an
existing private drinking water well, (2) the costs and expenses to install a private
drinking water well approved by an existing Construction Permit, (3) the availability,
costs and expenses to connect to a public or community water system, or a shared private
well, and/or (4) whether a Construction Permit may be obtained from the County Health
Department for a private drinking water well.
(iv) Review of Documents: Review of the Declaration of Restrictive Covenants,
Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents
of any applicable owners' association and/or subdivision.
(v) Appraisals: An appraisal of the Property
Page 5 of 6
(vi) Survey: A survey to determine whether the property is suitable for Buyer's
intended use and the location of easements, setbacks, property boundaries points of
access, and other issues which may or may not constitute title defects.
(vii) Zoning and Governmental Regulation: Investigation of current or proposed
zoning or other governmental regulation that may affect Buyer's intended use of the
Property, adjacent land uses, planned or proposed road construction, and school
(viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or
any requirement to purchase flood insurance in order to obtain the Loan.
(ix) Utilities and Access: Availability, quality, and obligations for maintenance of
utilities including electric, gas, communication services, storm water management, and
means of access to the Property and amenities.
WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE
DURING THE DUE DILIGENCE PERIOD. If Buyer is not satisfied with the results or progress
of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the
Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT
OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the
Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a
Termination Notice to Seller prior to the expiration of the Due Diligence Period will constitute a
waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's
Should you have any questions regarding your closing at any time, please do not hesitate to contact us.
We will be glad to answer any questions you may have. Again, please know we are honored to work