How important is a title search when buying property?
- David Greene
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It is my legal opinion that one should never buy property without a title search. Even though your friend may be sincere in believing that his title is clear, there are several ways that he could be passing title to you that is not clear and marketable. One very obvious way is if your friend has a tax lien or any other type lien filed against him. That lien attaches to the property; and if he sells that property, the lien stays with the property as long as it is not paid. Therefore, if you bought the property under that circumstance and then sold the property to someone who did a title search, they would either back out of the deal or the IRS would have to be paid before you got any proceeds. As you can see, this would be a very bad deal for you. There are many different events that can put a “cloud on title,” meaning not a marketable title; and this is only one example. Thus as I said, I always recommend a title search no matter from whom you are buying it or for what price. This even includes family.