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47. May the agent conduct the closing?
The widow is closing on the new home next week. She does not wish the attorney to be present out of personal dislike for him, although she does have several legal questions about the process.
A recent widow is trying to sell her home and downsize to a much smaller home in a retirement community. The widow has an attorney and a licensed real estate agent helping her sell the old home and purchase the new home. The widow and the attorney have disagreed throughout the process, while the widow and the agent get along very well. In fact, when the widow has a question, she always calls the agent first to avoid speaking with the attorney. The agent has been working in real estate for 20 years; prior to that time, he graduated from law school but was never licensed.
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B is correct. Under the majority approach, the agent may conduct the closing even though he is not licensed to practice law. However, he may not act as an attorney by giving legal advice or answering legal questions because he is not authorized to practice law.
A is incorrect. Although the agent may conduct the closing, the widow had legal questions about the process. The agent may not answer legal questions even though he did attend law school; he is not licensed to practice law.
C is incorrect. The opposite is true. The agent may conduct the closing but may not answer the widow's questions. As a non-licensed law school graduate, he is not qualified to hold himself out as a licensed attorney or to answer legal questions.
D is incorrect. The agent may conduct the closing, but only if he does not answer legal questions or give legal advice during the process. He is not an attorney, only a law school graduate, and cannot hold himself out as a licensed attorney.