Back To Blog

Choose your own settlement attorney in Delaware

In Delaware, the Buyer chooses the settlement attorney and the attorney represents the Buyer, not the Seller. If the Seller wishes to retain their own counsel, they may do so, but you should not give up your right to representation by your own attorney

Use your own Attorney

In new construction, it has become common practice for some builders to form a relationship with one specific law firm. They try to get anyone buying one of their homes to use that law firm for their settlements. Occasionally, there appears to be a somewhat lower rate for some services, but at what cost? What is it worth to be represented by someone with loyalty to only one party you, the Buyer? If you plan to live in this new home for 20 or 30 years, what is the impact of a few hundred dollars on your future?

Do not use the builder's mortgage company

The same is true of mortgage companies, but that can be a more costly proposition until the government finally changes the laws. The large national builders have their own mortgage company divisions and many require you to use their in-house lender in order to take advantage of any special pricing or incentives. For example, if the builder is offering 50% off upgrades, you can only receive that discount if you either pay cash or use the builders own lender to finance your purchase. Guess that tells you how much profit there is in mortgage lending, even at todays low rates. With typical 30 year financing on new homes, even a small profit on a community full of financed homes adds up over time. The decision is yours, but I always recommend that my Buyer clients Use a Buyer Agent who represents you, not the Seller or the Builder Use an Attorney who represents them not the Seller or Builder Use a Mortgage Company with no conflicting loyalties to the Seller or Builder Whats the difference when your Buyer Agent recommends an attorney or a mortgage company? All the difference in the world because a Buyer Agent represents you, not the Seller or the Builder

Add Comment

Comments are moderated. Please be patient if your comment does not appear immediately. Thank you.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.


  1. No comments. Be the first to comment.