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One of life’s biggest milestones is purchasing a home or investment property. But, to close on your new residence successfully, Florida law requires the title to be marketable. This means free and clear of defects that would bar its sale. While numerous types of issues can arise on a title, many are resolvable with sound legal advice from your real estate attorney.
Title defects are issues with a title that make it unsellable or tradeable by the seller until corrected. It’s important always to perform due diligence when buying any property because any liabilities on the deed transfers to the new owner in most cases. This could translate into significant financial loss and potentially that of the property.
For example, imagine you found a home belonging to a woman in the Orlando area. It’s perfect in every way and exactly what you’ve always desired. So you buy it from her without running a search on the title, and for a year, everything seems fine. Then, however, her sister contacts you claiming that their parents hadn’t willed it to the person you bought it from, but her.
This sister then proves she’s the rightful owner of the property and takes you to court to get it back. Unfortunately, you lose the home because of this title defect. As you can see, this probably could have been prevented with a thorough examination of the property deed.
Our previous example of a common title defect in Florida underscores the risk of buying a property. Failing to conduct a search and resolve outstanding issues before closing frequently hurts all parties involved, though the buyer takes the brunt of that liability.
Thankfully, there are several steps you and your experienced title agent can take to prevent these risks from becoming a terrible reality.
Buyers and sellers can navigate a title search on their own, but working with a knowledgeable agent is better for several reasons, the most important of which is they know what to look for and have access to data you don’t.
The agent or company you hire to conduct the search will ensure the deed is free and clear of liens, undisclosed heirs, and many other issues, including:
Once completed, your agent will issue a report that outlines any defects they found.
Once you know the title is clear and good to go for purchase, a title agent’s work is still not done. At All Florida Real Estate Lawyers, our team personally reviews the case of every client we serve. If defects are found, we can review your situation and determine what steps need to be taken to resolve the issue.
In addition to legal support, our firm also handles all the related paperwork to your real estate transaction, including providing escrow services. For over a decade, we have helped thousands of buyers and sellers in Florida successfully close on their properties. We specialize in more than just processing documentation related to home sales. Our company provides you with valuable insight about any aspects of your transaction that could be problematic and help you create a strategy to deal with it properly to minimize delays.
These reasons are just a few of many supporting the decision to hire a title agent to help you streamline your closing.
Are you worried a home you want to purchase may have a title defect, or are you unsure how to find out? It’s important to find out sooner than later what issues you need to resolve. Contact All Florida Real Estate Lawyers today to learn more about our services. Our team cares about helping you stay informed throughout your real estate transaction.
