Typically, the buyer pays for the title search when purchasing a home. This cost is part of the due diligence process to ensure that the property has a clear title and is free of liens or other issues. However, in some cases, the seller may agree to cover this cost as part of negotiations. It's essential for buyers to clarify these details during the home-buying process.
The seller is required to provided a clear title; purchasing title insurance is generally a part of this.
A requirement for a title examination is usually triggered by financing. If the attorney who is representing the buyer must certify title to a lender then a title examination is required. However, any prudent buyer of real estate should have a comprehensive title examination performed to make certain the seller owns the property and there are no outstanding taxes, claims, liens and other encumbrances.
This rule means that a seller cannot transfer more rights to a buyer than they possess. Exceptions may include instances where the seller has obtained additional rights through a third party after the initial sale, or where the seller has the authority to pass on certain warranties or guarantees to the buyer. In such cases, the seller may convey a better title to the buyer than they initially had.
The seller will get the title. It may vary in different states, but I would suggest the buyer have a notarized document prepared which has a promise that the seller will turn the vehicle/title over. It a chance that buyer will take.
Under an installment contract, title to the property is typically held by the seller until the buyer fulfills all payment obligations. During the term of the contract, the buyer has equitable title, allowing them to possess and use the property, while the legal title remains with the seller. Once the buyer completes the payments, the seller transfers legal title to the buyer. This arrangement helps protect the seller's interests until the full purchase price is paid.
“A seller cannot convey a better title to the buyer than he himself has.” Discuss the exceptions to this rule.
A seller with no title insurance:If a person has offered their property for sale and accepted an offer to purchase generally the intelligent buyer's attorney will have the title to the property examined by a professional title examiner. If the title exam reveals a defect in the title and the seller was not covered by a title insurance policy then the seller must pay to have the defect resolved. Title defects can be very costly to resolve.Generally, if the seller chooses not to have the defect resolved the buyer can back out of the sale and get their deposit back. However, the seller has been put on notice regarding the defect.The new owner's title insurance:The new title insurance does NOT affect the seller in any way. Coverage is given only to the new owner under the Owner's Policy. If the seller cannot clear the defects and the buyer still wants to purchase the property, the issuing Title Agency has the option of insuring the title, but excepting the defects from coverage to the new owner. Thereby, the risk is assumed by the buyer, not by the Title Agency.
Say "we had a unexpected change in the title & that we now have a new opening in the title"
release the vehicle to the buyer
Practices may vary in different jurisdictions. Generally the buyer's attorney arranges to have the title examined and the buyer pays the fee as part of their closing costs. However, if a title defect is disclosed and further research and corrective work must be done those costs are shifted to the seller. The issue could also be negotiated whereby the title exam cost is paid by the seller.
Here in California, it is a matter of local custom. In Southern California, typically the seller agrees to purchase the owners policy for the buyer, the buyer supplies the title insurance for the lender. In Northern California, the buyer typically pays for both policies. It is, however, a matter that is covered in the contract between the seller and buyer and is negotiable, as is everything else. All closing costs can be negotiated as part of the sales contract. Who pays for title insurance varies from state to state based on local custom, but can be negotiated between the buyer and seller as part of the sales contract. There are no laws providing for either party to be required to pay. In the case where the seller has elected to pay title expenses, the buyer needs to make sure that the Lender has approved those fees to be paid by the seller. Some types of mortgages require that the buyer/borrower have a certain amount of funds available for the closing fees and may "cap" what fees can or cannot be paid by the seller in behalf of the buyer.
In Illinois, the seller signs on the back of the boat title in the designated "Seller Signature" area. This section is typically located in the lower part of the title document. It's important for the seller to complete any required information, such as the date of sale and the sale price, to ensure a smooth transfer of ownership. Additionally, both the seller and buyer should complete the necessary sections for the buyer's information.