Doing the Homework
What is the " Subject to Title Search" Clause
Unless you have time to do title research before you make an offer to purchase, your Buyer's Agent will include a subject or condition to allow time to do so before you are committed to the purchase of the property. Below is a sample of what you can expect to see.
TITLE SEARCH
Subject to the Buyer, On or before <<DATE>> searching and approving a copy of title to the property against the
presence of any charge or other feature, whether registered or pending, that reasonably may affect the property's use or
value. This condition is for the sole benefit of the Buyer. The Buyer is advised to seek independent legal advice regarding
any encumbrances to remain on the title at completion. The Seller's Agent will supply the Buyer and Buyer's Agent with
copies of any requested charges from the title.
WHY IS TITLE SEARCH IS IMPORTANT?
We encourage our real estate buyers to research the title of the property before they purchase for several reasons:
Ensuring ownership: Researching the title of the property can help ensure that the seller has a valid title to the property and that there are no other parties with an ownership interest in the property. This can help prevent future legal disputes over ownership.
Identifying liens and encumbrances: Researching the title can reveal any liens, mortgages, easements, or other encumbrances on the property that could affect the buyer's ability to use or sell the property in the future. It is important to know about these before making a purchase.
Assessing the property's value: The title search can provide information about the property's history, including its past ownership, sales, and transfers. This information can be used to assess the property's value and determine whether the asking price is fair.
Ensuring title insurance: Many lenders and buyers require title insurance before closing on a property. Researching the title can help ensure that the title insurance policy will be valid and that the buyer will be protected against any future claims to the property.