Who picks the title company? The seller, buyer, listing agent or selling agent? Who picks the closing agent?
Are there any laws addressing these issues?
According to the Real Estate Settlement Procedures Act (RESPA), “Section 9 prohibits the seller from requiring that title insurance be purchased from a particular company, but it doesn’t prohibit the seller from requiring the use of a particular closing agent (unless that closing agent is owned, in part by the seller)”.
This can get complicated but here it is in a nutshell….
The Seller can choose when:
- Seller is willing to pay for the “owner’s title insurance policy” for the buyer, then they can require a specific title company.
The Buyer can Choose when:
- Buyers pay for the “lenders title insurance policy.” However, the buyer could be at an economic disadvantage to go elsewhere for the lenders policy. The reason is because the sellers have already had their title company performed the title search and compiled documents to issue an “owner’s title insurance policy” the buyer can save money by using the same title company for the “lender’s title insurance policy” as well.
Benefits of Attorney-Owned Title Company:
- Monarch Law & Title is attorney owned. It is not a necessity to use a title company backed by attorneys, but it is essential if you want the security of knowing that every aspect of the real estate transaction was reviewed by a real estate attorney. It is especially important on purchase deals and more involved real estate transactions that stray from the normal closing. We provide attention to the details of the transaction that most title companies do not. We Do. Period.
- Consumers have the legal right to choose their own title company. You can choose excellence and choose Monarch Law & Title and feel secure that every part of the transaction will be reviewed by an experienced real estate attorney.
Contact us at [email protected] or at 407-377-5585.
Download our Instant Net Sheets, impress them with an immediate estimate of their closing costs and estimated net proceeds along with your knowledge of the industry and marketing expertise. It is also helpful for assisting with the decision to accept or counter an offer from a potential buyer.