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Can the Seller of a 1 to 4 units required a Buyer to use a title company of a Seller's choice?

By
Real Estate Agent with Exp Realty Of California Inc CA BRE License# 01736656

Hello to every body,

Here is a little bit of information that I think can help some California Agents when submitting an offer to a Listing Agent I hope this helps.

 

 Can the Seller of a 1 to 4 units required a Buyer to use a title company of a Seller's choice?

Probably not, according to RESPA and its regulations.  The Real Estate Settlement Procedures Act (RESPA) contains the following restrictive language:

(a)  No seller of property that will be purchased with the assistance of a federally related mortgage loan shall require directly or indirectly, as a condition to selling the property, that title insurance covering the property be purchased by the buyer from any particular title company.

(b)  Any seller who violates the provisions of subsection (a) shall be liable to the buyer in an amount euqal to three times all charges made for such title insurance

Posted by

MIguel Garcia

Marlene Scheffer
Realty Station - Bremerton, WA
Realtor to Kitsap County, WA

Yes, but can they simply submit a counter and change it?  Am I, the buyer's agent, going to blow a deal over it, or allow my buyers to do so?  Hmmmm....

 

Nov 07, 2007 05:06 PM