Legal Question in Real Estate Law in New York

Can Seller dictate which title company to use?

I am in contract as buyer for residential RE in NYC. The contract states that Buyer shall accept title as acceptable to XYZ title company. XYZ title company was completely unreliable, didn't return calls, etc. I want to use a different title company, and I have read that it is impermissible in NY for the Seller to require the Buyer to use a certian Title Company. Is this true? A specific statutory or regulatory citation would be great.


Asked on 1/18/05, 4:22 pm

2 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Can Seller dictate which title company to use?

Normally, most attornies insert "such title as any licensed title company shall insure." Ask your lawyer why he permitted the seller to lock you in to a specific title company.

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Answered on 1/18/05, 5:24 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Can Seller dictate which title company to use?

I Agree with Atty Nager, you need to ask your attorney why? If you didn't have an attorney, then that should explain to you why you should have one in ALL future real property and other like sales and purchases in the future.

Choice of the Title Company should belong to the buyer. But, is often limited by the seller, to use of a licensed or reputable "in state" "Title" Company, rather than Any "Title" or "Abstract" Company, in or out of State.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/18/05, 5:48 pm


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