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Even though many settlement agents are attorneys, the settlement agent is neutral in the transaction. In Virginia, the settlement agent typically doesn’t represent Buyer or Seller – they carry out the terms of the transaction. Therefore, the settlement agent can discuss what the contract means, but the settlement agent should not be making a legal argument in favor of one side or the other or making a legal determination about who is right or wrong in terms of breach of contract, default, etc.
If the Parties are having a dispute and seek legal advice, they would need to hire an attorney to represent them as independent legal counsel. Importantly, even attorneys who represent Sellers in a real estate transaction will often limit the scope of their representation and specifically state that they will not represent them in litigation.
This article is not intended to provide legal advice. This email does not create an Attorney-Client relationship, and nothing set forth herein is to be construed as legal advice or as a substitute for the advice of a duly licensed attorney. Seek legal counsel from an attorney admitted to practice in your jurisdiction if you need legal advice or representation.
