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The Crucial Role of Title Services in Commercial Real Estate Transactions

February 2, 2024

For the typical buyer or seller, navigating the many legal requirements and regulations involved in property transactions can be difficult. Because of this, title companies are vital to the process, offering crucial assistance to guarantee that the sale proceeds without a hitch and is free of legal complications. 

A comprehensive title search, which helps find any title problems that could cause legal problems later on, is one of the essential services offered by title companies.

The Title Search

Doing a title search on Indiana property is among the first things a title company will do when it becomes involved. It will examine all relevant public records to authenticate who owns the land and whether any encumbrances could affect the property's sale.

A real estate lawyer or title business will usually examine several documents during a title search, such as deeds, mortgages, tax records, court judgments, and other publicly available information about the property. By following this procedure, you can guarantee that the buyer will have a clear and marketable title to the property at closing and that the seller has the legal authority to transfer ownership to the buyer.

The Commitment

Following its evaluation of the title search, the title company will assess the information to ascertain whether the property's title is insurable. It will also draft a commitment that will be distributed to each party involved in the transaction.

A list of "requirements," or actions that must be completed by either party before the closing, will be included in the commitment. This timetable will include a list of steps to take care of any title-related issues that need to be fixed before closing. To make sure you are doing everything required in the lead-up to closing, it is crucial to go over the requirements again.

A list of "exceptions," or things that the title insurance policy will not cover, will also be included in the commitment. Any documents mentioned in the exceptions should be available to you through the title firm; you should analyze them to determine how they will affect your property and its future uses.

home property for sale

An easement on the subject land, for instance, will be mentioned as an exemption. It will always affect the property, therefore you should carefully study this document as well as any others that are included.

It is not necessary to disregard a commitment just because it has been issued and the title is insurable. For instance, if you are purchasing a home, a well-written real estate purchase contract should make it clear that your happiness with the commitment will determine whether or not you are required to carry out the deal through to closure. 

A buyer can determine whether or not to move forward with the transaction by carefully going over and analyzing the commitment. 

For instance, the subject property may be subject to particular restrictions, and a consideration of such constraints may indicate that the property cannot be used for the purposes intended by the buyer. 

The fact that the restrictions have a detrimental effect on the buyer's use of the property is not covered by insurance because the requirements are included in the policy's exceptions. The buyer is essentially out of luck if they discover this information after closing.

Mitigating Your Risks

The assistance of a title firm is necessary to guarantee a seamless and legally compliant real estate transaction. By conducting a comprehensive title search, the company can identify any issues with the property’s title and work to resolve them before closing. 

To comprehend any restrictions or exclusions mentioned, it is imperative that purchasers and sellers thoroughly read the commitment supplied by the title firm and, if needed, obtain legal counsel. 

Property transactions can be executed efficiently and confidently with the proper support from a reliable title company, minimizing the risk of legal complications. 

Reliable Indiana Title Service Company

Do you need expert advice on your real estate transaction? Want to know which title insurance best suits you? Need to know the documents or process involved in getting title insurance?

Whether you're asking one or all of these questions, our team at Indy Legal is here to help. Leave a comment or contact us by clicking this link.

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8315 W. 10th Street
Indianapolis IN 46234

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