WHO is entitled to Choose the Title Company ?

By
Real Estate Agent with EXP Realty 414-525-0563 57026-90 Broker

Title insurance...a necessary protection for Buyers and Sellers...and as with everything else in life...not all title companies are created equally. They are entrusted with an important job of making sure that the property Title Companyis free and clear of all liens...and the closing documents...including expenses and credits are prepared correctly.  In our practice...we have a title company that we choose to serve our clients..both Buyers and Sellers...their accuracy and promptness is impeccable.

    At our brokerage, EXP Realty, LLC....we are paid at closing which in our market is not "usual and customary." In other brokerages, the closing documents are sent back the accounting departments and the agent can wait days ...or a week or ? to be paid.

    When we furnish the accepted offer to our Buyers lender, we also furnish the contact information for our title company of choice to assure...and insure that paperwork is properly processed...and done promptly.  We explain our choice and the why's and wherefore's to our Buyers as we believe it is an important part of every real estate transaction.  Leaving this choice to chance ...or the Lender's disgression has in the past proven not to always be a decision producing the best results. We reviewed the closing documents and questioned why a line item was "assigned" to a specific line..."There was nothing else on it..." cdcame the answer...YICKS !    

   If you have done any amount of work with short sales...you know that there may be many closing documents prepared during the course of a transaction and the careful review for accuracy can be the difference between getting the transaction closed....and not.

   It would seem...logical...professional...for the party being insured ...in this case the Buyer to use a company that they have been told is reliable...accurate...trustworthy and prompt. For a Lender to choose without notice...and having intially not indicated there is any issue with have the insured choose the insurer...is well...you choose a description.....and resulting frustration.

       This post has been brought to you by Sally K. & David L. Hanson, Broker Associates with EXP Realty LLC honored to be of service for all things real estate in southeastern Wisconsin.

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Sally K. & David L. Hanson, ABR, CDPE, CSS, e-Pro,ILHM, REDS


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Rainmaker
3,213,841
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Realtors - Luxury - Divorce

You would think Wayne Martin .....I hear you Barbara Todaro ...soo glad Wisconsin does not require lawyers in our transactions.

Jul 12, 2019 04:39 AM #5
Rainmaker
3,017,369
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Sally K. & David L. Hanson hi Sally... here our settlement attorneys essentially act in the capacity of a title settlement agent. I guess it's what you get used to. I've never sold in a state with title companies so for me using a closing attorney makes total sense.

Jul 12, 2019 04:43 AM #6
Rainmaker
743,991
Norma J. Elkins
Elite Realty Group - Morristown, TN
Realtor - Elkins Home Selling Team

We of course get paid immediately unless it is a mail out.  I don't think I would like to have to wait days or weeks to be paid.  Great blog....thanks for sharing!

Jul 12, 2019 06:32 AM #7
Rainmaker
3,272,167
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Good morning, Sally and David - it's always interesting to me to see how real estate is practiced in different areas.  This is even true in California and in parts of our own counties - having a knowledgeable local real estate professional remains an important member of the team for buyers/sellers.  

Jul 12, 2019 06:38 AM #8
Ambassador
1,822,729
Debb Janes EcoBroker and Bernie Stea JD
ViewHomes of Clark County - Nature As Neighbors - Camas, WA
REALTORS® in Clark County, WA

In Washington, the listing agents can suggest a Title company and may ask that buyer's honor it due to some early legal work, or such. However, the bottom line, most buyers can request the Title Company - and generally it is their agents who suggest that choice. We are also paid at closing, generally with a wire. 

Jul 12, 2019 06:59 AM #9
Rainmaker
2,481,384
Brian England
Arizona Focus Realty - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

I remember during the years of short sales and foreclosures, the banks would often force the use of a certain title company, but I didn't have many bad experiences with that.  I often want my preferred escrow officer to be used because I know if there is any kind of bump in the road, he will get it taken care of.  I don't make counteroffers that only change the title company though, as some agents will do.

Jul 12, 2019 07:04 AM #10
Rainmaker
3,142,412
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Home and Condo Specialists

We too are an attorney state. The buyer's attorney is the one to select the title company and we have no say in it.

Jul 12, 2019 07:05 AM #11
Rainmaker
1,872,114
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Hi Sally and David - like North and South Carolina New York is an attorney state.  The buyer's attorney orders the title search.  Title companies market their services to attorneys.

Jul 12, 2019 09:02 AM #12
Rainmaker
1,175,824
Sheri Sperry - MCNE®
Coldwell Banker Residential Brokerage - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

Hi Sally K. & David L. Hanson - In AZ the buyer generally gets the title company.  

Jul 12, 2019 10:02 AM #13
Rainmaker
2,486,716
Rebecca Gaujot, Realtor®
Vision Quest Realty - Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

The closing attorney orders the title search. But, of course, the buyer, can choose his own. We get paid day of the closing unless it is a mail out.  

Jul 12, 2019 10:13 AM #14
Rainmaker
5,310,360
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Thank you very much for sharing your experience and your advice.

Jul 12, 2019 11:35 AM #15
Rainmaker
1,840,005
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

Why exactly would the World Health Organization (WHO) be allowed to choose a title company?

Jul 12, 2019 01:08 PM #16
Ambassador
3,060,095
Paul S. Henderson, REALTOR®, CRS
RE/MAX Northwest. - Tacoma, WA
Tacoma Washington Agent/Broker & Market Authority!

As Debb Janes EcoBroker and Bernie Stea JD  has said, the listing agent and seller usually have done work with a title company. In the rural sections of the state I find title companies charge a minimal fee if the title is awarded  to a competitor and the buyer usually goes with the original title company rather than pay the fee. The most I’ve ever been charged was $25, Sally K. & David L. Hanson 

Jul 12, 2019 02:07 PM #17
Rainer
6,825
Robert Buys Houses DFW
Robert Buys Houses DFW - Dallas, TX
We Buy Houses Fast in Dallas-Fort Worth

A fair question Sally and David...

As an investor in real estate since 2001, purchasing SFH and multifamily properties, we / I have always asked the property seller if they have a Title Company preference. Usually, 10 out of 10 times, the seller could careless as long as they receive their funds at closing.

We have also been with the same Title Company here in Dallas, Texas since 2001. Never have we had any issues with title policy and insurance. With all that, I insist that my team and myself explain to the property sellers that they do have a choice with whom they work with as a buyer of their property and title company.

At least 7 out of 10 times we / I speak of local title companies, it creates more of a trust factor explained by the property seller, telling us how other investor / buyers breifly, if at all, mention or inform the seller about the title company, the staff at the title company and who the Escrow Officer and Owner or Attorney of record is, that will be dealing with should they have need with questions to call the title company.

We have found this simple conversation with the seller has brought us many more signed real estate contracts. As well, because we only use (1) title company and one Escrow Officer at this title company, she tells us about the pleasant conversations she has had with the sellers on the phone and at closing, about our company Robert Buys Houses DFW.

So nice to know and realize that honesty and the straight respect for the property owner/seller can result in more purchased SFH/Multifany properties in Dallas Fort Worth.

 

Happy to contribute here, and Much Appreciated.

 

Robert

https://www.robertbuyshousesdfw.com

Jul 12, 2019 06:55 PM #18
Rainmaker
1,523,398
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

As you may know, I let my license go more than 10 years ago. Now I'm wondering what changed. We only got paid at closing if it was a cash or seller carry transaction. If a bank was involved, it took a day or two. We had to wait until the signed closing documents were submitted before the bank wired the funds.

We had the option of using a title company for closing, but most often used one of the two local attorneys, simply because they were here in town. Nobody wanted to drive 30+ miles to a title company office.

Jul 12, 2019 09:22 PM #19
Rainmaker
2,856,127
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

Morning Sally.

The buyer and seller can choose their title agency.  Most of the time, it really doesn't matter if they choose different ones. 

Jul 13, 2019 01:30 AM #20
Rainmaker
3,213,841
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Realtors - Luxury - Divorce

I think the issue is...to us...it should be whoever pays...chooses WHO they pay....all title companies are not created equally and why should anyone pay a higher fee or for less competence because they were forced to use a less than sterling title company ? 

Jul 13, 2019 03:17 AM #21
Rainmaker
449,494
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

I have a loyalty to a title company here in SE Wisconsin and for the most part we use that company for our closing unless the Buyer's Lender goes in another direction.  Often, the lender will ask me if I have a preference and of course I recommend my right hand title company!  Great Post Sally K. & David L. Hanson  

Jul 14, 2019 01:53 PM #22
Rainmaker
249,768
Doug Kaller
Academy Mortgage, Reno, NV - Reno, NV

In Nevada, the buyer has the legal right to purchase the title insurance from the company of their choosing but it is customary for the seller to select the escrow officer. Buyers agents will often ask for their preferred escrow officer but in many instances, not agreeing  to the seller's choice will be a deal breaker. 

Jul 15, 2019 10:00 AM #23
Rainmaker
502,163
Mary Hutchison, SRES, ABR
Better Homes and Gardens Real Estate-Kansas City Homes - Kansas City, MO
Experienced Agent in Kansas City Metro area

"split" closings , as we call it here, is when the buyer and seller use different title companies.  If the title company for the seller is reputable and one I've used before, will have buyer close with them.  

Jul 17, 2019 12:59 PM #24
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Rainmaker
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Sally K. & David L. Hanson

WI Realtors - Luxury - Divorce
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