What is the primary commitment of the seller's lawyer before disbursing funds to the seller?

The primary commitment of the seller's lawyer before disbursing funds to the seller is to clear any financial encumbrances associated with the property. This is a crucial step in real estate transactions because it ensures that the seller can transfer clear and marketable title to the buyer. Financial encumbrances, such as mortgages, liens, or judgments, must be resolved so that the seller is not legally responsible for these debts after the sale is completed.

Clearing these encumbrances typically involves paying off any outstanding mortgages or settling other claims against the property using the proceeds from the sale. This protects the buyer from inheriting any undisclosed financial obligations and allows the seller to sell the property free of any claims. Therefore, the obligation to clear financial encumbrances is fundamental to safeguarding the interests of both parties and ensuring a smooth transaction.

In contrast, ensuring the transaction is profitable, providing a full accounting to the seller, and retaining a portion of the sale proceeds represent secondary considerations that, while important, do not take precedence over the legal necessity of delivering a clear title.