The seller is required to provided a clear title; purchasing title insurance is generally a part of this.
A seller with no title insurance:If a person has offered their property for sale and accepted an offer to purchase generally the intelligent buyer's attorney will have the title to the property examined by a professional title examiner. If the title exam reveals a defect in the title and the seller was not covered by a title insurance policy then the seller must pay to have the defect resolved. Title defects can be very costly to resolve.Generally, if the seller chooses not to have the defect resolved the buyer can back out of the sale and get their deposit back. However, the seller has been put on notice regarding the defect.The new owner's title insurance:The new title insurance does NOT affect the seller in any way. Coverage is given only to the new owner under the Owner's Policy. If the seller cannot clear the defects and the buyer still wants to purchase the property, the issuing Title Agency has the option of insuring the title, but excepting the defects from coverage to the new owner. Thereby, the risk is assumed by the buyer, not by the Title Agency.
A: The question of who pays the Title insurance is always negotiable and can be worked in to the real estate sales contract to assign this cost to either buyer or seller. As for a refinance, although the buyer tradionally pays, if you are doing a loan modification of your exhisting loan, most often an additional title policy is not required depending on the loan. The borrower (owner) pays for the title insurance on a Mortgage Policy when they are doing a refinance. As to who pays for the Owner's Title insurance on a purchase is strictly negotiable between buyer and seller. It can be negotiated as part of the terms of sale. In some states, typically the seller pays, since they have the burden of proof of good, clear, marketable title. In other states, the buyer pays. It is rather based on the "lay of the land" of which is the normal way of doing buiness in your particular state. In many states, the seller pays for the searches done on the property he is selling and the buyer pays the premium and other fees for the actual insurance coverage. However, there are no laws concerning who is responsible to pay for the title insurance or the title searches. Who ultimately pays for what specific fees should be negotiated from the beginning. If the buyer agrees to pay all fees, the buyer takes the financial burden and risk of paying for search fees on a property that may have serious title issues making it extremely difficult to sell, which the seller may have already known about but did not disclose. Therefore, it is always a good idea to ask for a copy of the Seller's "back title", the Owner's Policy that was issued to the seller when they bought it.
Here in California, it is a matter of local custom. In Southern California, typically the seller agrees to purchase the owners policy for the buyer, the buyer supplies the title insurance for the lender. In Northern California, the buyer typically pays for both policies. It is, however, a matter that is covered in the contract between the seller and buyer and is negotiable, as is everything else. All closing costs can be negotiated as part of the sales contract. Who pays for title insurance varies from state to state based on local custom, but can be negotiated between the buyer and seller as part of the sales contract. There are no laws providing for either party to be required to pay. In the case where the seller has elected to pay title expenses, the buyer needs to make sure that the Lender has approved those fees to be paid by the seller. Some types of mortgages require that the buyer/borrower have a certain amount of funds available for the closing fees and may "cap" what fees can or cannot be paid by the seller in behalf of the buyer.
Seller or buyer can pay for the title insurance. Whatever is mutually acceptable by both parties. In some states, the buyer always pays the entire fees. In other states, the seller always pays the entire fees. However, this can always be negotiated. I have seen split fees where the seller will pay for the searches and the buyer pays all premium, recording and incidental charges. Many sellers elect to have a Title Report (no insurance, just information) run on the property when they put it up for sale so there will be no surprises later on. If the buyer uses the same title agency for the sale, typically the title agency will not charge full search fees, instead applying what the seller has already paid for the Report, towards the final title closing fees. Therefore, the fees are negotiable and usually follow the standard practice for the area where you live.
This rule means that a seller cannot transfer more rights to a buyer than they possess. Exceptions may include instances where the seller has obtained additional rights through a third party after the initial sale, or where the seller has the authority to pass on certain warranties or guarantees to the buyer. In such cases, the seller may convey a better title to the buyer than they initially had.
In my state you only need to have Liability insurance the get a title and register the vehicle. If, however you have a loan on the car the lender will require you to have full coverage.
Incoterm FCA means "Free Carrier" which means that the seller delivers the goods, cleared for export to the carrier, nominated by the buyer at the named place. Title and risk pass to buyer including transportation and insurance cost when the seller delivers goods cleared for export to the carrier. Incoterm FCA means "Free Carrier" which means that the seller delivers the goods, cleared for export to the carrier, nominated by the buyer at the named place. Title and risk pass to buyer including transportation and insurance cost when the seller delivers goods cleared for export to the carrier.
The seller will get the title. It may vary in different states, but I would suggest the buyer have a notarized document prepared which has a promise that the seller will turn the vehicle/title over. It a chance that buyer will take.
Not sure but i think can't transfer real estate title insurance to buyer
“A seller cannot convey a better title to the buyer than he himself has.” Discuss the exceptions to this rule.
Risk