Alabama Notice of Title Defect by Buyer to Seller Pursuant to Provisions of A Purchase and Sale Agreement

State:
Multi-State
Control #:
US-OG-358
Format:
Word; 
Rich Text
Instant download

Description

This form is used by a buyer to give notice of a title defect on property in an acquisition turns action and contains the information necessary to cure the defect.

How to fill out Notice Of Title Defect By Buyer To Seller Pursuant To Provisions Of A Purchase And Sale Agreement?

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FAQ

A quitclaim deed is often used to cure a defect (a "cloud on the title") in the recorded history of a real estate title.

As the Alabama code stated, the seller is required to disclose known defects to the buyer if a fiduciary relationship exists between the parties. Cato v. Lowder Realty Co., 630 So.

A warranty deed holds the seller, or grantor, responsible for any breach after the title search, even if the breach occurred without their knowledge or during a period before the grantor owned the property. It ensures that the buyer will not be responsible for any past title defects or encumbrances.

A sales agreement is a contract between a buyer and a seller that details the terms of an exchange. It is also known as a sales agreement contract, sale of goods agreement, sales agreement form, purchase agreement, or sales contract. One very common type of sales agreement is the type used when purchasing a home.

A title defect is a problem or omission associated with the title that impairs your ownership rights to the property.

Key Takeaways. A defective title is a title that is impaired with a lien, mortgage, judgment, or another claim. Defective titles are considered unmarketable, so the asset in question cannot be transferred or sold legally. Any encumbrances on a defective title must be cleared before the owner can sell the asset.

A quitclaim deed is often used to cure a defect (a "cloud on the title") in the recorded history of a real estate title.

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Alabama Notice of Title Defect by Buyer to Seller Pursuant to Provisions of A Purchase and Sale Agreement