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Common Mistakes in FSBO Transactions—And How to Avoid Them

Thu, 04 Dec 2025 17:00:01 GMT

Selling your home For Sale By Owner (FSBO) can save you thousands in commission fees—but it also comes with legal risks that many sellers don’t expect. From missing disclosures to contract missteps, one small oversight can delay or derail your entire sale.

At The Closing Firm of Shola Oyekan, we help Georgia FSBO sellers protect their interests and keep deals moving forward. Here are the most common FSBO mistakes—and how to avoid them.

1. Using an Incomplete or Generic Sales Contract

Many FSBO sellers pull contract templates from the internet or borrow one from a friend. But every real estate deal is unique, and generic contracts often:

Omit key legal terms
Fail to comply with Georgia law
Create confusion around closing timelines or contingencies

Solution: We prepare or review contracts to ensure they’re complete, enforceable, and specific to your deal.

2. Not Disclosing Known Property Issues

Sellers in Georgia are required to disclose known defects that could affect the property’s value or safety. Failing to do so could result in:

Legal disputes after closing
Canceled deals
Financial liability

Solution: We help you understand and comply with Georgia’s disclosure requirements before the contract is signed.

3. Mishandling Earnest Money Deposits

Earnest money shows a buyer’s commitment—but it must be held in an escrow account and handled properly. FSBO sellers who accept funds directly may:

Violate real estate law
Lose track of funds
Create liability if a deal falls apart

Solution: We act as your escrow agent, holding funds securely and disbursing them only after the transaction closes.

4. Not Having a Clear Closing Process

Many FSBO sellers assume the buyer’s agent or lender will “take care of everything.” That’s rarely the case. Without a closing attorney:

Important deadlines may be missed
Title issues might go unresolved
The deal could fall through

Solution: As required by Georgia law, we handle all legal aspects of your closing—from title search to deed preparation—while keeping you informed.

5. Going It Alone Without Legal Advice

In an FSBO sale, you’re not just the homeowner—you’re also the negotiator, contract manager, and legal representative. That’s a lot of hats to wear without professional support.

Solution: We work with FSBO sellers across Metro Atlanta to make sure their transaction is legally sound, on time, and stress-free.

Legal Help That Fits Your FSBO Budget

We understand that cost matters. That’s why we offer tailored legal services for FSBO sellers—including contract preparation, document review, escrow handling, and full closings—without unnecessary extras.

How to Prepare for a Real Estate Closing in Georgia

Tue, 04 Nov 2025 18:00:00 GMT

You’ve found the perfect property. The contract is signed. The loan is approved. Now it’s time for closing. But before you show up ready to sign, it’s important to know what to expect—and how to prepare.

At The Closing Firm of Shola Oyekan, we guide clients across Metro Atlanta through the entire closing process. Here’s how to make sure your closing day goes off without a hitch.

1. Confirm the Closing Details

Start by verifying:

The closing date and time
The location of the closing (our Stockbridge office or another designated space)
Who will be attending (buyers, sellers, agents, lender, attorney)

If you’re unsure about anything, contact your closing attorney ahead of time. We provide all parties with a clear confirmation before the appointment.

2. Review the Final Documents

Ask for your Closing Disclosure (CD) or Settlement Statement at least a few days before closing. This document lists all costs, fees, and credits associated with the transaction.

Review it carefully and ask your attorney:

Are the numbers accurate?
Are there unexpected fees?
How much do I need to bring to closing?

We’re happy to explain line-by-line what everything means.

3. Bring the Right Documents & Funds

To close successfully, you’ll need:

A valid government-issued photo ID
Certified or wired funds (not personal checks) for your final payment
Any final paperwork requested by your lender or attorney

We’ll let you know exactly what to bring so there are no surprises.

4. Complete a Final Walkthrough (Buyers Only)

Before closing, buyers should inspect the property one last time. Make sure:

The condition hasn’t changed
Agreed-upon repairs are complete
Nothing was removed that should remain

If you find an issue, let your agent and attorney know immediately—we can help address it before signing.

5. Ask Questions Before You Sign

At closing, you’ll sign legal documents including:

Deeds
Affidavits
Mortgage and loan paperwork
Title documents
Final disclosures

Your attorney is there to explain each one and answer questions. Don’t hesitate to speak up—your understanding matters.

6. What Happens After You Sign?

Once everything is signed and funds are verified:

The property is legally transferred
You’ll receive keys or access to the home
We record your documents with the county
You’ll get final copies and a title policy, if applicable

The process is complete—but our support doesn’t end there. If you have questions later, just give us a call.

Why Legal Guidance Matters

In Georgia, a licensed attorney must oversee the closing. We ensure:

Documents are accurate and enforceable
Title is clear and legally transferred
All parties understand their rights and obligations

With over 25 years of experience, our firm helps clients close with confidence.

Why Georgia Requires a Real Estate Attorney at Closing

Thu, 03 Jul 2025 21:25:08 GMT

In many states, real estate closin gs are handled by title companies. But in Georgia, the law is different—and more protective for everyone involved. Only a licensed Georgia attorney can conduct a real estate closing.

At The Closing Firm of Shola Oyekan, we believe this legal requirement is a good thing. Here’s what it means for your transaction—and why it matters.

What the Law Says

Georgia law requires th at real estate closings be conducted by an attorney lic ensed to practice in the state. This includes:

Residential home purchases
Commercial property transactions
Refinance closings
New construction closings
For Sale By Owner (FSBO) sales

The attorney must be involved i n the entire process, not just present at the signing. That includes reviewing contracts, preparing documents, clearing title issues, and disbursing funds.

Why Georgia Has This Requirement

Real estate is one of the most valuable—and legally complex—types of transactions most people will ever complete. The attorney requirement exists to:

Ensure proper title transfer
Prevent legal disputes or fraud
Protect both buyer and seller from costly errors
Verify that all laws and lending requirements are followed

Think of it as a legal safeguard—not a formality.

What Does a Real Estate Attorney Actually Do at Closing?

Your attorney is not just a witness—they’re a legal guide through the entire deal. Here’s how we support clients:

Review and explain purchase agreements
Order and examine title searches
Resolve title defects or lien issues
Prepare legal documents (deeds, affidavits, settlement statements)
Manage escrow accounts
Coordinate with agents, lenders, and other parties
Ensure funds are properly disbursed
Record the deed with the county

We also serve as a neutral legal party in many cases, making sure everything is executed fairly and legally.

What Happens If You Try to Close Without an Attorney?

A closing without a Georgia attorney is not only risky—i t’s not legally valid.

If a title company or non-attorney attempts to close the deal, you could face:

Title transfer problems
Delayed funding
Disputes over contract terms
Possible cancellation of the transaction

In short, cutting corners can lead to costly consequences.

Choosing the Right Attorney for Your Closing

Not all attorneys handle real estate law, and not all offer the same level of access or experience. At The Closing Firm of Shola Oyekan, we’ve handled over 20,000 successful closings across Metro Atlanta. We take pride in:

Direct attorney access—no layers of staff
Competitive title insurance rates
Clear, timely communication
A comfortable, convenient office location in Stockbridge
Fast turnaround and strong attention to detail

Whether you’re buying your first home or managing a complex commercial sale, we’ll help you close with clarity.

What Happens If There’s a Title Problem Before Closing?

Thu, 03 Jul 2025 21:19:54 GMT

You’re days away from closing on your new home or commercial property. Everything seems to be in order—until your attorney or title company u ncovers a title issue. What happens next?

At The Closing Firm of Shola Oyekan, we’ve helped thousands of Georgia buyers, sellers, and agents handle title problems before closing. With the right legal support, these issues don’t have to derail your deal.

What Is a Title Problem?

A title problem is any legal or financial issue that affects the ownership of a property. It could involve:

A lien or unpaid debt attached to the property
A missing or incorrect signature on a prior deed
Disputes over boundaries or easements
An unknown heir or previous owner making a claim
Errors in the public record

These issues can prevent a clean title transfer—which means the transaction can’t legally move forward until they’re resolved.

Common Title Issues in Georgia Closings

We frequently see:

Unreleased mortgages from prior sales
HOA liens or unpaid assessments
Judgments against prior owners
Improperly recorded deeds or missing notarizations
Probate complications involving deceased former owners

Some of these are clerical errors. Others require legal clearance or court involvement. All of them can delay—or even prevent—closing if not addressed quickly.

What Happens When a Title Issue Is Discovered?

Your Attorney or Title Examiner Alerts You
The issue is flagged during the title search, usually days or weeks before the scheduled closing.
We Review & Explain the Problem
Our team will break down what the issue is, how serious it is, and what options you have.
Corrective Action Begins
Depending on the issue, we may:
Work with prior owners to sign corrective documents
Contact lenders or lien holders to obtain payoffs
File affidavits, quiet title actions, or title curative documents
Request corrections from county or court offices
Closing Is Rescheduled (If Necessary)
We aim to resolve title problems fast—but accuracy is critical. If needed, we’ll adjust the timeline and keep all parties informed.

Can Title Issues Kill a Deal?

It depends. Some issues can’t be resolved in time, or a seller may be unwilling to cooperate. But in most cases, especially when caught early, our firm can clear the title and get the deal back on track.

This is one reason why having an experienced Georgia real estate attorney is essential—especially when closing on high-value or older properties.

How Title Insurance Helps

Even after closing, hidden title issues can surface. That’s why we always recommend title insurance. It p rotects you from future legal or financial problems tied to unresolved or unknown title defects.

Our Firm’s Role

At The Closing Firm of Shola Oyekan, we:

Conduct thorough title examinations
Resolve issues quickly and legally
Coordinate with all parties to keep the deal moving
Provide legal guidance at every step

Whether you’re buying, selling, or just need a second opinion on a title problem, we’re here to help protect your transaction.

Do I Need Title Insurance When Buying a Home in Atlanta?

Thu, 03 Jul 2025 21:09:42 GMT

Buying a home is one of the most important—and expensive—decisions you’ll ever make. While most buyers focus on the house itself, few fully understand the legal side of the transaction, esp ecially title insurance. If you're closing on a property in Atlanta or anywhere in Georgia, this coverage could save you from major issues down the road.

At The Closing Firm of Shola Oyekan, we’ve helped thousands of clients navigate real estate closings with confidence—and that includes making sure they’re protected by the right title insurance policy.

What Is Title Insurance?

Title insurance protects buyers and lenders from legal or financial losses related to defects in a property’s title. These issues may not show up during the initial title search—even if everything appears to be in order.

Common title problems include:

Undisclosed liens or unpaid taxes
Errors in public records
Fraudulent deeds or forged signatures
Missing heirs or unknown co-owners
Boundary disputes

If any of these arise after you buy the home, title insurance helps cover the legal costs—or even the loss of the property.

Is Title Insurance Required in Georgia?

In Georgia, lenders typically require title insurance to protect their interest in the property. However, owner’s title insurance is optional—but highly recommended.

Lender’s Policy:
Covers the loan amount, protecting the bank or lender.

Owner’s Policy:
Covers your full property value. Protects you from personal loss and legal expenses.

We strongly advise clients to purchase both. It’s a one-time cost that offers long-term protection.

How Much Does It Cost?

The cost of title insurance depends on the purchase price of the property, but it’s typically a one-time premium paid at closing. At our firm, we issue policies through Old Republic National Title Insurance Company, offering reliable protection at competitive rates.

Why Title Searches Aren’t Enough

A title search is an essential step before closing—it identifies visible issues. But even the best title search can’t predict every problem.

For example:

A missing signature on a deed
A prior mortgage that was never released
Clerical errors in older filings
Unrecorded legal disputes

Without insurance, these problems become your financial responsibility.

What Happens If You Don’t Have Title Insurance?

If an issue is discovered after closing, and you don’t have title insurance, you could:

Face legal costs defending your ownership
Be forced to pay a past lien or judgment
Risk losing the property altogether

With insurance, the policy helps cover defense costs, settlements, or compensation for loss of the home.

Work With a Closing Attorney Who Understands the Details

When you close with us, you’re not just getting a document processor—you’re getting direct access to an experienced real estate attorney. We ensure every title issue is identified, explained, and addressed, and that you’re covered for the unexpected.

Whether you’re buying in Atlanta, Alpharetta, or Stockbridge, our goal is the same: protect your investment and give you peace of mind.

What’s the Difference Between a Short Sale & a Foreclosure in Georgia?

Thu, 03 Jul 2025 21:04:33 GMT

If you’re struggling to make mortgage payments or facing financial hardship in Georgia, you’re not alone. But when it comes to saving your credit and moving forward, understanding the difference between a short sale and a foreclosure is critical.

At The Closing Firm of Shola Oyekan, we work with homeowners across Metro Atlanta to help them make informed decisions—and protect their financial future.

What Is a Short Sale?

A short sale happens when a homeowner sells their property for less than the amount owed on the mortgage. The lender agrees to accept the lower payoff and forgives the remaining balance (in some cases).

Key Benefits of a Short Sale:

Less credit damage than foreclosure
Can stay in control of the sale process
Often faster resolution than waiting for foreclosure
May allow for better recovery and future home buying

Our firm works directly with lenders to help homeowners negotiate approvals, coordinate paperwork, and ensure the transaction is handled legally and efficiently. We do not charge upfront fees for this service.

What Is a Foreclosure?

Foreclosure is a legal process in which a lender takes possession of the property after a borrower defaults on payments. In Georgia, most foreclosures are non-judicial , which means they can happen quickly—sometimes in as little as 30 days.

Foreclosure Risks:

Significant damage to your credit score
Loss of home through public auction
Potential for deficiency judgment (still owing money after the sale)
Future difficulty obtaining loans

Once foreclosure proceedings begin, it becomes harder to negotiate with the lender or sell the property.

Short Sale vs. Foreclosure: Side-by-Side

Which Option Is Right for You?

If you’re behind on payments, dealing with a property that’s worth less than your mortgage, or trying to avoid foreclosure, we can help evaluate your situation. Many homeowners are surprised to learn that lenders are more willing than ever to approve short sales.

With a proficient short sale team , lender communication experience, and full legal oversight, we’ll guide you through every step—with your long-term financial well-being in mind.