
Closing Delays – Here’s What Can Go Wrong (And How to Prevent It)
Spring is one of the busiest times of year for real estate in Georgia and with increased transaction volume comes a higher risk of delays at the closing table. Whether you’re a buyer, seller, or real estate agent in the Alpharetta and North Atlanta area, understanding the most common legal issues that can slow down a closing can help you avoid unnecessary stress, added costs, and missed deadlines.
Here are five of the most common legal mistakes and how to avoid them.
1. Waiting Too Long to Review the Title Commitment
One of the most preventable causes of closing delays is failing to review the title commitment early in the process.
Title issues such as unreleased liens, errors in the legal description, or unknown easements can take time to resolve. If these issues are discovered just days before closing, it can push your closing date back.
Tip: Request and review the title commitment as early as possible, and work with your closing attorney to address any concerns immediately.
2. Entity Buyers and New Reporting Requirements
With recent federal updates, including new FinCEN reporting requirements, purchases involving LLCs or other entities are receiving additional scrutiny.
Incomplete or incorrect documentation for entity buyers can delay closing especially if beneficial ownership information is missing or inconsistent.
Tip: If you’re purchasing through an LLC or corporation, make sure all formation documents and ownership information are accurate and readily available well before closing.
3. Incorrect Vesting or Deed Information
How a buyer takes title (known as “vesting”) is more than just a formality, it has legal, tax, and estate implications.
Errors in names, marital status, or vesting structure can require last-minute corrections to deeds and closing documents.
Tip: Confirm vesting details early and communicate clearly with your closing attorney about how you intend to hold title.
4. Wire Fraud and Last-Minute Payment Issues
Wire fraud continues to be a major concern in real estate transactions. Last-minute changes to wiring instructions or failure to verify instructions can lead to delays or even loss of funds.
Additionally, sending funds too late in the day can result in missed funding deadlines.
Tip: Always verify wiring instructions directly with your closing attorney’s office and initiate transfers early to ensure funds are received on time.
5. Unresolved HOA or Property-Related Issues
Outstanding HOA dues, missing estoppel letters, or unresolved property violations can all delay closing.
These issues often take time to clear, particularly if third parties like HOA management companies are involved.
Tip: Sellers should begin gathering HOA documents and confirming account status early in the transaction process.
Real estate closings involve multiple moving parts, and even small legal issues can create significant delays if not addressed early.
The good news is that most of these problems are preventable with proactive planning and communication.
If you have a closing scheduled this Spring in Alpharetta or the surrounding North Atlanta area, our team is here to help ensure a smooth and timely transaction.
Have questions about an upcoming closing? Contact our attorneys to get ahead of potential issues before they impact your timeline at attorneys@millertitlelaw.com.
