There’s a lot of legal work that goes on behind the scenes of a real estate transaction, and part of this legal due-diligence is something known as a title search. But what is a title search and how is it conducted?
What is a Title Search?
Conducting a title search means reviewing the public records of a property in order to determine ownership and ensure the property has no outstanding liens or claims. The title search will also show if seller has the legal right to sell you the property.
The title search will reveal if there are any outstanding mortgages, unpaid taxes, judgements, and other liens. If any issues arise from the title search, it could prevent the buyer from obtaining a clean title for the property.
Why Conduct a Title Search?
A title search is proof that the seller has the legal right to sell you the property, and that is free of any liens. Essentially, a title search ensures you won’t be taking on someone else’s legal problems when buying a property. You’ll have to conduct a title search if you’re financing the purchase.
Additionally, it will show you unresolved disputes, boundary issues, or easements that could affect the property. You can then make an informed decision on moving forward with the purchase of the home.
Skipping out on a title search could mean that any unpaid fees will then become your responsibility. It could also lead to legal issues down the line where you may lose your house altogether.
Once you get the all clear after conducting a title search, you can proceed with your transaction knowing you’ve done your legal due-diligence.
Who Conducts the Title Search?
It is highly recommended you use a real estate lawyer or title company to perform the title search. Typically, the lawyer representing you in the transaction will also be the one doing the title search. The date the title search is conducted will be outlined in your agreement of purchase and sale.
Conducting a title search is standard when it comes to buying a home. Your agent and lawyer can help you navigate any issues the title search reveals. Ideally, there will be no issues and you can move forward with the purchase of your home with a clear conscience! 