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  • Title Defect Issues In Purchase And Sale Agreements - Baker ...

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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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This guide provides a clear and comprehensive approach to filling out the Title Defect Issues in Purchase and Sale Agreements form. Users will find detailed, step-by-step instructions tailored to assist individuals who may have little legal experience.

Follow the steps to complete the form accurately and efficiently.

  1. Click the ‘Get Form’ button to acquire the document and open it in your preferred editor.
  2. Review the introduction and scope section to understand the form's objectives and the common title issues addressed.
  3. In the allocated values section, detail how the purchase price is allocated among the assets, considering any preferential rights and possible defects.
  4. Complete the buyer’s access section, ensuring to specify any access limitations and conditions under which the buyer can review the seller’s records.
  5. Proceed to indicate any preferential rights to purchase and consents that are applicable to the transaction.
  6. Fill out the defensible title and title defects section, specifying any title issues that may affect the transaction.
  7. Complete the permitted encumbrances section, listing items that are agreed not to affect the title representation.
  8. In the notices of title defects section, specify any deadlines and requirements for notifying the seller of any defects discovered during the review process.
  9. Answer the questions in the title defect values section, providing formulas for calculating any defects.
  10. Finish by reviewing the seller’s response options and options for addressing contested title defects.
  11. Once all sections have been filled out, save your changes, and decide whether to download, print, or share the completed form.

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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
Privacy Notice
Legal Hub
Content Takedown Policy
Bug Bounty Program
About Us
Blog
Affiliates
Contact Us
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
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 WorkFlow
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
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