What if the seller can’t or won’t resolve the title problems?

Updated March 13, 2023.

By signing a contract for the sale of property, a seller agrees to provide the buyer with good title. This means it is the seller’s obligation to take whatever steps are reasonably necessary and appropriate to resolve any legitimate title problems. The refusal to do so could result in a lawsuit by the buyer against the seller for breach of contract. However, certain problems simply cannot be resolved. In this case, the buyer can either agree to accept the property with the title defect, can agree to accept “title insurance” with respect to the problem or can elect to cancel the contract.

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