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Seller's disclosure laws If the seller omits certain problems on the seller's disclosure form and the buyer later discovers these issues, these laws allow them to sue the seller for damages.
A title defect is a problem or omission associated with the title that impairs your ownership rights to the property.
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 quitclaim deed is often used to cure a defect (a "cloud on the title") in the recorded history of a real estate title.
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 Resolution When title defects are discovered, the title agent initiates a remediation process to resolve the defect and render the title clear and free.
For example, a title defect could be an undisclosed heir of a previous owner suddenly appearing to make an ownership claim on your land. An encumbrance is a claim made upon the land by someone other than an alleged landowner.