Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am selling a home thru a realestate co. and the realator called me and told me to do a title search on the property, she said the attorney did one and it showed the property had a lien on it from 1999 ? I called the attorney and got the last know mortage co. phone number which he said he called and got no reply. I called and in a little under 7 minutes I had all the information that the attorney needed ! No is this a breach of contract since I have done most of the leg work on this property ? I also ask the realator to ask the buyer if they would put up 1/3 of the closing cost and with out hesitation she said no they won't. It appears that the realator is not working for me, in my contract it states that if the realator is not working in my best intrest that I can cancell the contract. Will the realator still take there comminission?
You're lucky the buyer didn't ask you for closing costs.
If you don't trust your Realtor, then talk to his managing broker about your concerns. You can also review the contract and your options with your attorney.
Let me get this straight. You have a Realtor® that listed your property. You are now in contract for the sale. You have an attorney who is handling the sale/contract. They ran a title search. Your Realtor® was notified there is not clear title (more than likely because she received the title search via email or made a phone call.) She notified you that there was a lien on the property. You called your attorney, got the information, cleared up the situation with a phone call. You were able to do something your attorney didn't do. You are now asking if you can fire the Realtor® because she didn't do your attorney/title company's job and not have her paid a commission.
No. You can't. Well, you can fire her but she would still be entitled to her commission. She's not required to clear your title for you. That's not in her job description, lol. Why don't you fire your attorney instead?
It appears the Realtor was working in your interest when he called you about the title problem. Just be glad it was a simple phone call to clear it up.
Title searches are performed by different agencies in different states. What the title attorney found in your case was a cloud on the title. The attorney relayed the info to your agent who relayed the info to you. Said attorney had not yet received a response from the mortgage company. You got antsy and called yourself and got answer and got it cleared up. That does not mean that you have done most of the legwork. Clearing a cloud on a property is something that the seller usually has to take care of, sometimes with an attorney's assistance.
As for your agent, did she not present the request to the buyers? Did you already have a signed agreement with your buyer that you were attempting to re-negotiate now that you are almost at closing?
Title searches are performed by different agencies in different states. What the title attorney found in your case was a cloud on the title. The attorney relayed the info to your agent who relayed the info to you. Said attorney had not yet received a response from the mortgage company. You got antsy and called yourself and got answer and got it cleared up. That does not mean that you have done most of the legwork. Clearing a cloud on a property is something that the seller usually has to take care of, sometimes with an attorney's assistance.
This right here.
Your title & escrow company or attorney's office will release liens and judgements that appear on the title as a requirement of the title insurer. I used to have the thankless job of removing liens that were often ignored during previous closings and left the chain of title clouded. Yours seemed fairly easy...at least it wasn't some guy who put aluminum siding on his house in 1976, didn't pay, had a mechanics lien placed on his property, then the siding company was sold again and again. Ah, memories.
Having been a title searcher, I generally worked for the attorney representing the Buyer. It was not uncommon to find a lien, often mechanics', that had been paid but not released. However, that information was simply passed along to the Seller through the realtors as the onus is on the Owner/Seller to provide CLEAR TITLE. OP, the only one who didn't do their job, IMO, was you in not making sure you had clear title before arriving at the selling table. (In otherwords, before hiring a realtor.)
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
