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A homebuyer maintains a right to choose her own title company and also has the right to change her mind and choose a different title company. This isn't an invitation to change title companies several times prior to closing or to change for no good reason.
In most real estate transactions, there are 3 parties who can direct the closing to a title company of their choice: the seller, the buyer and the lender. The Real Estate Settlement and Procedure Act has clearly defined parties that can and cannot direct the closing.
The buyer and seller reach an agreement about who selects and pays for title insurance. In some cases, the buyer selects the title company and pays for a lender's insurance policy. Sometimes the seller selects the title company and pays for an owner's title insurance policy.
The buyer and/or seller will normally hire a title company to help move the transaction along smoothly and provide title insurance. A title company works as a third party in the real estate transaction, handling most of the paperwork involved with the home purchase and sale.
The seller pays the fee or fees for all real estate agents involved including yours! Title company fees mostly go towards taxes, important paperwork, and other miscellaneous costs that the title company takes care of so that you don't have to.
When it comes to buying and selling property, a real estate attorney can either represent the buyer or the seller. One attorney cannot do both. And when the buyer needs to borrow money for a mortgage, the real estate attorney who does the closing doesn't represent either the buyer or the seller, but rather the lender.
Buyers can legally walk away from a purchase and get earnest money back during contingency periods. During the inspection period or disclosure period, buyers can back out of the deal without grounds or financial consequences. The first 17 days, the required inspections' contingency, is critical for most purchases.
When buyers cancel their real estate deals sellers may sue for breach of contract and monetary damages. “Specific performance” may also be a legal remedy for a property seller if a buyer backs out of the deal. A property seller might sue his buyer for specific performance to force that buyer to purchase the property.
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