Legal Question in Real Estate Law in Florida

Title Company Negligence

I settled on a property on Monday. On Friday afternoon, I was notified by my realtor that the title company had not gotten clear title. She then took the keys from me and asked me to vacate the property. What are my options?


Asked on 7/22/07, 9:42 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Title Company Negligence

I wouldn't vacate until your problems are resolved by written agreement. Without knowing what has occured no one can advise. Call the title company.

Read more
Answered on 7/22/07, 10:03 am
Robert Roemer Robert Roemer

Re: Title Company Negligence

at this point I think you should retain a lawyer to represent you. Even if the title isn't clear and therefore the transaction can't be closed you still meet assistance in unwinding the deal. Also, I think you should be able to work out a temporary occupancy of the property with the seller. If you'd like me to represent you send me your phone number and a good time to call you.

Read more
Answered on 7/22/07, 11:21 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Title Company Negligence

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Something does not smell right. A title company will not allow a closing to take place unless and until the title is clear. They must provide a title commitment to your lender (if a loan was applied for) who will not loan monies for the closing unless and until the title is clear.

You should consult a local real estate attorney to review all of the paperwork and discuss this matter with the title company who closed on the transaction. There seems to be more to this than you have been told and you should get to the bottom of it.

Scott R. Jay, Esq.

Read more
Answered on 7/22/07, 1:28 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida