Friendship and the Title Company Chosen

By
Real Estate Agent with Bill Cherry, Realtor 0124242

 

 

 

It annoys me that a seller's real estate agent believes that he has any right to choose who will abstract title to what he is selling, prepare the title opinion and issue the title insurance guaranty that says what he has sold for his client will come free and clear to the buyer.

 

Although usually unintentional,  nevertheless in my opinion that approach is a very caviler one.

 

After all, the purpose of all of that process is to assure the buyer that what the seller is selling is really his to sell.

 

The guy whose money is going to become at risk belongs to the buyer. 

 

In no case does it belong to either the buyer or the seller's real estate agent.

 

If I'm putting my money on the table, I want someone with great knowledge, wisdom and authority to make certain that the person selling all of what I am buying owns it and has all of the rights to sell it, and that the evidence I get that will say that I own it is thorough and accurate.

 

Consequently, it should be in my sole authority to pick and choose who will assure me that the seller is, in fact, telling the truth.

 

It certainly should not be the decision of the seller and for sure it should not be the decision of the seller's or the buyer's agent.

 

Most agents have not experienced it, but there are times when a title company will not accept as accurate, the opinion that was issued and insured by the company that issued the seller's title.  

 

In other words, the new underwriter has found what it believes to be flaws in the work of the prior underwriter.

 

Usually it's the result of sloppy abstracting of one of the two underwriters.  Sometimes, the title company issuing the flawed policy knew the flaw(s) existed, but figured its risk of loss wasn't substantial enough to turn down the policy premium it would earn.

 

Real estate agents should stay completely out of influencing which title company and which escrow officer will be the pick for a transaction.  That should be the sole choice of the buyer.

 

After all, out of all of the parties involved in the transaction, the only one whose money will be at primary risk will be that of the buyer.

 

BILL CHERRY

Realtor-Broker

Since 1966

KELLER WILLIAMS DALLAS PREMIRE

Direct: 214 503-8563

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Show All Comments
Rainmaker
719,234
Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

Bill, you make a very good case for the buyer choosing the Title Company.

Here in California, the choice of escrow company will probably decide the title company as escrow agents have their own favorites. I'm OK with this.

Bill Roberts

May 30, 2015 11:25 PM #1
Rainmaker
393,656
BILL CHERRY
Bill Cherry, Realtor - Dallas, TX
Broker & Wealth Coach

It's probably different in California.  If, in Texas, an agent influenced me in any way to pick a title company,, and things turned out to be upside dow for me. I promise you I'd sue him.

 

May 31, 2015 12:39 AM #2
Rainer
605,756
Sham Reddy CRS
H E R Realty, Dayton, OH - Dayton, OH
CRS

In Ohio, the buyer, buyer's lender or the real estate agent can help fnding a title agent that represents the best interests of the buyers and the title is clean and transferrrable and the seller indeed is in title to transfer and it has no liens!!!

Jun 01, 2015 08:25 PM #3
Rainer
442,694
Raul Rodriguez
Covenant Partners Realty - San Antonio, TX
Looking out for the client's interest and not my p

I have no problem recommending to buyer that they use the seller's preferred title company as long as it has a proven record of performance. 

Jun 01, 2015 09:21 PM #4
Rainmaker
680,255
Nicole Doty - Gilbert Real Estate Expert
Zion Realty - Gilbert, AZ
Broker/Owner of Zion Realty ZionRealtyAZ.com

I will always recommend a few title companies to my buyer whom I have worked with in the past and trust but ultimately it's all a part of the contract negotiations. 

Jun 02, 2015 12:23 AM #5
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Rainmaker
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BILL CHERRY

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