For instance, a formal guarantee of title is contained in a policy, which is then used to transfer property ownership in a real estate purchase transaction legally. The assurance of identification provided by a warranty deed protects the buyer’s rights. It gives the buyer a legal remedy if any entity subsequently attempts to assert a claim against the property. In addition, this document ensures that no other body, such as the Inland Revenue Department or a former, has a legal claim to the property and that the seller is the only one who has the legal authority to transfer it. In contrast, other forms of deeds such as a quitclaim deed do not guarantee an assurance of ownership. Although there is no guarantee of a legal title, the grantor effectively relinquishes their interest in the property by signing away their rights to it. If a subsequent dispute over ownership emerges, the buyer will not be protected to the same extent as a title warranty.
How Well a Warranty of Title Confirms a Deal?
In most deals, a title guarantee is automatically provided; however, if the buyer acts as an agent, there may be no warranty of title. For example, this circumstance may develop at an auction, a county sheriff’s sale, or an auction sale. In certain situations, the person selling a house is not the property’s owner. As a result, the people selling the home may be unaware of any other institution’s rights in the property. Buyers who purchase real estate with a warranty of title may have legal recourse against the seller if a dispute or issue arises in connection with the property. For example, the seller may not have been aware that an heir had made an outstanding claim towards the property of a past owner. The buyer may choose to file a lawsuit to recover the money they spent on the purchase and any damages they suffered. Other hazards that might arise throughout a purchase include continuous disputes over the limits that define the property’s boundaries. Some of the owners of nearby real estate may assert that the property lines are different from those supplied to the buyer by the seller.
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