Facebook  Twitter  Instagram  Linkedin  

My seller client didn't have an RPR and compliance, but the buyer agreed to accept Title Insurance in lieu. The contract said, "Seller will pay for Buyer's Title Insurance."

 

Typically, a standard title insurance policy for a property under $500,000 where the policy covers both a lender and the buyer is around $229. BUT, that is not always the case. We have a sale closing this week where the sale price is $145,000. The buyer's lawyer always orders the Title Insurance, and they told us the policy will cost $549!

 

What don't the Title Insurance underwriters like about this deal? I don't know the answer. I'm going to ask, but because of the way the contract is written, our seller client is on the hook to pay the policy premium pretty much whatever the cost.

 

Sellers' realtors may want to consider writing that Title Insurance clause a little differently. Something like "Seller will pay for Buyer's Title Insurance to a maximum of $250" might be beneficial. 

 

If, because of the particular deal, the Title Insurance policy is more, the buyer or buyer's lawyer can advise, and this can be negotiated.

 

On the other side, if you are the Buyers' realtor, you want the Seller to pay for the Title Insurance cost no matter the cost, so you would resist a maximum.

 

Protect yourself.


Cheers,

Barry


I'm taking on new clients. Please consider me and

Field Law when you write your next deal.

These emails are aimed at giving real estate professionals short, sharp, and easily digestible comments on issues that come up frequently. 

The whole series is available here.
Counsel
780-423-9594
Calgary
400 - 444 7 AVE SW
Calgary AB T2P 0X8
T 403-260-8500
F 403-264-7084
1-877-260-6515
Edmonton
2500 - 10175 101 ST NW
Edmonton AB T5J 0H3
T 780-423-3003
F 780-428-9329
1-800-222-6479
Yellowknife
601 - 4920 52 ST
Yellowknife NT X1A 3T1
T 867-920-4542
867-873-4790
1-800-753-1294
©2022 Field LLP. All rights reserved.
 
Information made available in this publication is for informational purposes only. It is NOT LEGAL ADVICE and should not be perceived as legal advice. You must not rely upon this information in making any decision or taking (or choosing not to take) any action. This information does not replace professional legal advice – and must not be used to replace or delay seeking professional legal advice. Any views expressed in this site are those of the authors and not the law firm of Field LLP. The act of accessing, printing or reading this publication or downloading any of the content does not create a solicitor-client relationship, and any unsolicited information or communications sent to the authors or Field LLP (by any means) is not protected by solicitor-client privilege.  
 
“Field Law”, the logo and "Because Clarity Matters" are registered
trademarks of Field LLP. “Field Law” is a registered trade name of Field LLP.