What to do if I hired a title company to research/clear a property of all liens/delinquent taxes and to issue a warranty deed at closing but they have failed do so?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I hired a title company to research/clear a property of all liens/delinquent taxes and to issue a warranty deed at closing but they have failed do so?

The funds I have provided for purchasing the property and closing are being held in escrow. I wish to have my funds returned. The seller has refused to sign the release of earnest money. What steps must I take to have my money refunded?

Asked on October 26, 2012 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, if you hired them to do a title search and they issued title insurance then you should be able to rely on their report.   But do you mean that you did not close?  And why is that the problem of the title company?  Your contract will govern the steps to be taken and the reasons for which your escrow is returned.  If the title company did not perform their duties then maybe you need to get a new company to run the report to close.  Then sue the title company for the money.  It is unclear here as to why you did not go forward and more information is needed to guide you.  Perhaps it is time to get an attorney involved.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption