[dom rem]

I sold my house. closing date is aug 1, my lawyer's secretary phoned me and said lawyer is away for the week and asked me to come in tomorrow to meet with her to sign the documents of the closing of my house for sale. Can a problem arise if the lawyer is not there when I sign for everything? I imagine the lawyer MUST sign the documents as well at a later day and give me a copy??

 

[lenaitch]

Certainly not a lawyer, but I will assume the "secretary" is a certified legal assistant and probably a notary. He/she can witness what you sign, but what if you have a question or an anomaly is noticed in the documents? They cannot give legal advice. You are signing contract, the risk is yours. I'm surprised a lawyer would leave a client out on a limb like that. I would have thought that a sole practitioner (assuming that's what they are) would arrange another lawyer to act for them. Hundreds of real estate transactions happen every day, the vast majority without incident, but . . .

 

[dom rem]

Shes also a law clerk, I did hire that lawyer so he should of been present, although since hes away they did select another lawyer to take his place. Everything went fine but I agree, when hiring a lawyer he should be there for the signing not a law clerk secretary, and a different lawyer should npt take his place either.

 

[DSC]

Shes also a law clerk, I did hire that lawyer so he should of been present, although since hes away they did select another lawyer to take his place. Everything went fine but I agree, when hiring a lawyer he should be there for the signing not a law clerk secretary, and a different lawyer should npt take his place either.

Be reasonable, even lawyers need vacations and he did supply a stand-in. Most of the legal work on property sales is done well in advance.

 

[lenaitch]

^ Agree. With numerous and shifting closing dates, it would be unreasonable to expect that clear dates in the future could be blocked out. Your lawyers absence could also have been for something that could not have reasonably foreseen. He provided another to act in his stead, so liability is covered. All the legwork was done - all that had to happen was to put the puck in the net, but you can't do that without a goal judge. We had a somewhat similar situation with our last move, but our lawyer said he couldn't do it based on the closing date (I don't recall if the 'why was mentioned) so he referred us to another firm.

 

[dom rem]

Yea, the other lawyer thats in the same firm/building took over what ever was required or needed with the closing, but I never met with him, I only met with the secretary law clerk. If I had questions I know I could of met with that lawyer (although I did ask that secretary does my original lawyer have to sign,the closing documents and she said not necessary--I still would like for my original lawyer to sign above where his name appears in the documents). but I got the certified cheque and that other lawyer/secretary handled everything. all is great.

 

[lenaitch]

Yea, the other lawyer thats in the same firm/building took over what ever was required or needed with the closing, but I never met with him, I only met with the secretary law clerk. If I had questions I know I could of met with that lawyer but I got the certified cheque and the lawyer/secretary handled everything. all is great.

When the alternate lawyer is with the same firm it makes it all that much easier.

Congrats.

 

[lenaitch]

I also have such a situation now and it is hard for me because I am not a specialist in all of this and I am afraid of doing something stupid.

Talk to your lawyer about your concerns. They are bound to act in their clients' best interests, and you're paying the bill. Perhaps they can review the finalized documents with you beforehand. Documents are not signed on the closing day, usually a week or so before. Whatever staffer is present for the actual signing ceremony should be a notary.