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Old 05-11-2018, 11:30 AM
1,731 posts, read 2,294,109 times
Reputation: 3428


Originally Posted by MrRational View Post
Yeah... we've all gone around on that idea before.
I'm sticking.

EVERY buyer needs an attorney.

Attorneys exist to avoid having them in the first place.
See the difference?

I guarantee you that even one of your incompetent TX attorneys
would have looked over the sales contract and pointed out the tax lien question.

It all makes me what other encumbrances and problems the OP hasn't learned about yet.
The thing is - here in a title company state - if the Title company at closing signs off that the taxes are paid - and that IS a document in the closing package - the mistake is the title company responsibility.

It happens occasionally, and I have NEVER seen a title company not take responsibility for their own oversight.

Now if a buyer has an incompetent realtor and there are other oversights, then sure an attorney makes sense...but in Texas - the attorney does not do the search to see if taxes are paid, or if the HOA has a transfer fee, etc...that is ALL handled by a title company.

If the title company closes a transaction with an affirmation that turns out to be untrue, they have failed in their due diligence, and the responsibility falls on them. Otherwise, what is the point of title insurance? If they miss a recorded deed, its the title company who must deal with it. Its the same thing.

Also, in most title company's an attorney does draw up most of the documents, but they rely on staff to do the grunt work.
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Old 05-11-2018, 09:22 PM
Location: Ocala, FL
3,123 posts, read 5,788,179 times
Reputation: 2644
In regards to this attorney vs title company issue.

I bought and sold my first home using a title company and no Realtor or attorney. Technically, neither are required. When everything goes well with a title agency, which was my experience, the transaction was at little cost and no hassle for me. I would definitely consider using a Realtor if I sell my current home or buy a new one. I would only hire an attorney instead if I felt the closing may require additional legal work after closing. Not everyone's experience is the same and nobody should advise that all should choose one option or another IMHO.
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