Understanding the Title Commitment

Residential lender concept

In a real estate transaction, it is important to ensure that all of the appropriate steps are taken in order to give the buyer of the property marketable title at closing.  Part of this process is ordering a title commitment from a title insurer.  A title commitment is the title insurer’s promise that it will issue title insurance for the property after closing if certain conditions are met and subject to certain exceptions.

When a title commitment is received per the timing requirements of the purchase contract, it should not be ignored.  There may be requirements listed on the title commitment to which the buyer needs to provide objection within a specific timeframe.  Pursuant to the standard FAR/BAR contract, the buyer has only 5 days after receipt of the title commitment to object to any issues that render title unmarketable.  If the buyer does not timely object, they may forever lose their ability to do so.

How does the buyer know what objections to make?  Only a licensed attorney is qualified to review and provide a legal analysis of a title commitment, and most importantly, the documents constituting exceptions to title.  Therefore, it is important to use the services of an experienced real estate attorney to review your title commitment and determine what items require objections.  Additionally, your real estate attorney will be able to address and eliminate certain exceptions to your title policy.  An exception to a policy is an item that is excluded from coverage.  Certain exceptions can be eliminated by taking steps such as executing an affidavit or getting a boundary survey.  If an exception can be removed, it is in the buyer’s best interest to do so as it ensures the most protection for the buyer’s title insurance policy.

If you have any questions about title commitments or title policies, we urge you to contact a real estate attorney.


Berlin Patten Ebling, PLLC

Article Authored by Jessica Stewart, Esq. jstewart@berlinpatten.com

Please note that we have relocated from our former downtown Sarasota office to our new Sarasota headquarters as of Monday, August 17th which is located at 3700 South Tamiami Trail just across from South Gate Mall. This will only impact business handled from our Sarasota location, as our Venice and Lakewood Ranch offices will remain the same. Thank you.

This communication is not intended to establish an attorney client relationship, and to the extent anything contained herein could be construed as legal advice or guidance, you are strongly encouraged to consult with your own attorney before relying upon any information contained herein.

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