What is the primary responsibility of the seller's lawyer?

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The primary responsibility of the seller's lawyer involves ensuring that all legal aspects of the transaction are addressed, and a critical part of this is paying off the seller's mortgage before disbursing the proceeds from the sale. By handling the mortgage payoff, the lawyer ensures that any existing liens on the property are cleared, which is essential for the transfer of clear title to the buyer. This step is vital because it protects both the seller and the buyer by confirming that the property is free from debts or encumbrances that could affect ownership.

While preparing documents for closing is also an important task, it falls under the broader responsibilities of the closing process and is typically part of what a lawyer would do. Negotiating the purchase price is generally a duty of the real estate agent rather than the lawyer. Conducting the final walkthrough is typically done by the buyer, often with their agent, to ensure that the property's condition aligns with the purchase agreement. Therefore, ensuring the seller's mortgage is paid off is the most critical function that directly facilitates the completion of the sale and protects the involved parties, solidifying the lawyer's crucial role in real estate transactions.

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