Legal Question in Real Estate Law in Utah
real estate
Is a realtor or title company legally liable to ensure that property put up for collateral in a real estate sale is free of any prior liens?
2 Answers from Attorneys
Re: real estate
A realtor's job is to describe and list the property, has no responsibility regarding liens. A title company searches the title of the property, and upon request will issue a report of liens and encumbrances. WIthout more specific information your questions cannot be further answered. You may call for a free consultation.
Re: real estate
For a realtor to be liable is only a very remote possibility. For a title company the answer depends on the title company's role in the transaction. However, the way your question is worded, the answer would have to be that a title company is not liable to ensure that property is free of liens. A title company's role is typically to report what liens exist, period. If they should happen to miss a recorded lien they may be liable pertaining to that lien, but title companies never insure that a property is "free of any prior liens."