Frequently Asked Questions
What is title insurance?
Title insurance protects real estate owners against problems with the title that you didn’t know about when you bought the home. When and if a problem is discovered, your title insurer pays the costs to defend your ownership in court, to fix the problem, or cover the financial loss if defects cannot be fixed.
When is the best time to hire an attorney?
The earlier in the process, the better. An attorney can help you with the contract and review all the provisions and contingencies. They will also be able to advise you on what title policy does not protect against, so you understand any issues with the marketability of the title. An attorney will not only help you save time, but they will help save you money.
What is “seller disclosure?”
Seller disclosure is a document that is provided by the seller of any known issues with the property including any remodel projects completed during the time that they owned the home. These documents usually include information about the title of the home, the water/sewage system, the electrical system and the roof.
What is a marketable title?
A marketable title is a title that is free and clear of liens or other title defects that would be unacceptable to a prudent, educated buyer in the reasonable course of business. An attorney can conduct a title search and make sure that everything is acceptable and there are no defects with the title.
What sort of things do I have to disclose to a buyer?
As a seller, you are responsible of letting the potential buyer know about the house, whether there are loud neighbors or there is a major construction project nearby. Other disclosures include termite problems, history of property line disputes and defects or malfunctions with major systems or appliances. This is to inform the buyers as well as protecting the sellers from future legal action.
How will I handle probate issues?
If you are interested in buying a house and it turns out to be a probate sale, if you make an offer, it must be accompanied by a 10% deposit. An attorney will be able to guide you through the examination of the houses and petitioning the court to go through with the sale.
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