Seller Turning Possession Over After Closing?

[Marilyn Manson]

In my experience, title searches are always a "last minute" thing. Buyer is pre-approved for a loan, an offer is accepted and the buyer calls the bank to get the check. The bank starts their appraisal process, title search, etc. That's when issues pop up.

Until a sale is "pending" there's nothing to "title search" against, assuming the seller has every reason to believe that they own the property they are selling. I'm pretty sure most sellers don't pay to have a title search done prior to putting the house up for sale.

[gfretwell]

Maybe it is a state law thing. Here it is the seller's responsibility to present a "marketable title". The buyer might be buying the title insurance as part of the loan requirements but the seller still needs to be sure his title is marketable to avoid those last minute problems. Maybe some people just like surprises but not me, when six figures are on the table.