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Why are title searches important for sellers, buyers, and people who transfer deeds to related parties?

Titles searches are important for:

  • For Sellers: The last thing any seller wants is to sign a purchase contract only to find out that the property has a title defect it can’t be sold or transferred. A title search helps sellers avoid issues before they list and sell their property. If a title defect is found, it can be dealt with before hiring a real estate agent or signing a purchase contract.

  • For Buyers: Buyers want to avoid title defects, too. Before making an offer to purchase any property, a title search can help a buyer ensure no title defects, and you may be able to make, and if a title defect is found, it can help with your negotiations.

  • For Transfers: Even if an existing property owner is transferring property they own to another related party, a title search should be done to ensure no liens or title defects.

Fortunately, title searches are relatively inexpensive and quick to perform if a title agency does them. However, it is strongly recommended that parties use a real estate attorney instead of a title agency because real estate attorneys are highly trained to check for and, more importantly, understand records, lien theory, and the state’s property and title laws.

Title attorneys do title searches, offer title insurance, help with title litigation, and provide a host of other services to make sure the title is clear of any problems before and if requested; they can even issue a title insurance policy through state-approved insurers.

If you want to be sure, the title on your property is clear for transfer or sale, hiring a title attorney may be the best way to go.

Published: Feb 2, 2023

Updated: Sep 26, 2022

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