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A quitclaim deed is often used to cure a defect (a "cloud on the title") in the recorded history of a real estate title.
Title insurance guarantees you or your lender against losses from any defects in title that may exist in the public records at the time you purchase that property, and certain other risks described in the title insurance policy.
Backing out without a contingency If you don't have a contingency to protect you if that happens, you'll most likely lose your earnest money deposit and, in some cases, be subject to other penalties, however. If you back out for any reason and are not covered by a contingency, you'll most likely lose your deposit.
The title and the property cannot be legally transferred until the title defect is resolved. The titleholder must take care of all and any issues. For example, if there are tax liens on the property, the homeowner must pay off outstanding taxes before going through with the sale.
Here, we offer eight options to help you overcome any regret you might experience. Know you're not alone. ... Contact your lender. ... Rent out unused square footage. ... Rework your budget. ... Sell it. ... Remind yourself why you bought the home. ... Make it your own. ... Start making memories.
A material defect is a specific issue with a system or component of a residential property that may have a significant, adverse impact on the value of the property, or that poses an unreasonable risk to people.
Home defects caused by poor workmanship are covered up to 1 year after warranty goes into effect (the date that the title is passed to the new homeowner). Common examples include: Roof cracks or leaks. Faulty or leaky windows.
Most states have laws that require sellers to advise buyers of certain defects in the property. If you find problems with your home after you move in, you may be within your rights to take legal action.