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Title Defect Issues in Purchase and Sale Agreements Michael J. Byrd July 2012 Table of Contents Title Defect Issues in Purchase and Sale Agreements .

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For example, a homeowner cannot sell a home if there is a tax lien on the property. They would have to take care of the outstanding taxes to remove the lien and go through with the sale. If the titleholder decides to sell an asset with a defective title, they may be held liable for any damages as a result.

When title defects are discovered, the title agent initiates a remediation process to resolve the defect and render the title clear and free. While some types of clouds on title are corrected quickly (such as errors in public records), others may require more research, time, and even court proceedings to rectify.

A title to a piece of land is considered unmarketable if there are encumbrances on the land, such as mortgages, unless the buyer waives them. Title is also unmarketable if the land was obtained through adverse possession, or if the land violates any zoning laws.

Unmarketable title defects can include: Restrictive covenants. Outstanding mortgages and other liens. Easements. Adverse possession claims. Encroachments. Variations in: the chain of title; and. the names of the grantors or grantees.

A very slight encroachment onto an adjacent landowner's land would not render title to land unmarketable.

Examples of title defects include: Liens on the property for unpaid child or spousal support, repair work, or other debt. Unresolved boundary or property survey disputes. Undisclosed owners, missing heirs, or conflicting wills. Mistakes or omissions on the property deed, including missing signatures.

A seller who fails to convey marketable title under a contract that, expressly or impliedly, calls for marketable title, has breached the contract. In such a case, the buyer can refuse to pay the purchase price for that land and sue the seller for whatever other damages the buyer suffered as a result of the breach.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232