What is my legal recourse if I had one sale fall through because of a title issue and the title company is still dragging their feet?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is my legal recourse if I had one sale fall through because of a title issue and the title company is still dragging their feet?

I recently tried to sell my house and entered a contract with a buyer that I had drawn up at the title company. When it came close to closing, the title company said there was a problem with “no access” to my property and said it could not be sold like this. I contacted the company that I had purchased title insurance through and they said they would look into it and let me know when it could be fixed. I waited a week but no reply. After trying to reach the man working the case (and his managers) for over a month nothing has gotten done.

Asked on September 23, 2011 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order to take an active role in triyng to sell your property due to some perceived "access issue" by title, you really should retain a real estate attorney to assist you in resolving the possible problem. If the issue is "no access" I do not see this as a title issue in that title is good, there possibly is an access issue to it.

Whether this is true or not depends upon whether the parcel is landlocked or not and if there are any "rights of way" (easement) allowing access to it or not.

You have no legal recourse against the current title company. Title companies do title searches and offer policies of title insurance. Nothing more. Nothing less.

If you purchased the parcel, you should pull up your old title insurance policy (assuming you have one) and carefully review it concerning the access issue. If you have a title insurance policy as to your parcel when you acquired it, give a copy to the current title company as well as the suggested real estate attorney that you consult with.


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