Reasons You Should Choose a Real Estate Attorney Versus a Title Company

Title Company

Title Company

From the time you make a decision to buy or sell a home or investment property, you must make a number of important decisions that have legal consequences, like a title company professional from a professional firm like Capitol Title Insurance Agency, can explain. To mitigate the risk associated with making the wrong or uninformed legal decisions, it pays to have experienced legal counsel on your side.

They Know How to Solve Difficult Title Problems that Can Otherwise Prevent or Delay Settlement. 

If the title search or survey reveals a potential defect, our attorneys can provide legal advice to effectively and efficiently cure the issue and prepare the necessary corrective documents so the parties can close quickly, again generally at little or no additional cost.  Conversely, the ability of a title company to prepare curative documents is extremely limited.  Additionally, title companies are not permitted to provide legal advice or guidance when title issues arise. When a title company serves as the closing agent and a title issue or dispute between the parties threatens to kill the deal, the parties may be forced to scramble to hire an attorney, a significant additional expense, to address the issues and obtain guidance. 

 They Provide Solid Legal Advice and Accountability.

Title agents do not have law degrees and cannot provide legal advice, input, or guidance, and they often simply don’t have the knowledge or experience to address complex legal problems that arise. The employees at a title company are unable to provide answers to legal questions during settlement. Their responsibility is to their employer, and in most cases an attorney employed by a title company will not be physically present or available at closing. The title company’s role is to prepare the basic closing documents required by the title insurer to complete the transaction and issue the title insurance policy.

 They Have Your Best Interest at Heart as their – Client

Choosing a real estate attorney to assist you during the process of buying or selling a home or land means that you will have access to legal advice when it is needed. The real estate attorney that you retain keeps your best interest in mind and is not burdened by the conflicts of interest that a title company may have. A title company works for the title insurer and must focus on protecting their business, while an attorney focuses on protecting you, their client. Also, attorneys have an ethical responsibility to represent the client’s interests, to advocate for their client and must answer to the State Bar.  Title companies are accountable to no one and don’t have an obligation to protect anyone’s interests.

Contact a real estate attorney firm in your local area for all your real estate closing deals.