One of the most important steps in buying or selling a home in California is a title search. A title search can uncover title defects that need to be remedied before the property can be sold. A seller who tries to sell property with a defective title may be liable for damages. The following is a brief overview of title defects.
What are some examples of title defects?
A title may be defective if there is a tax lien, bank lien or other type of lien against it. If a third party has an estate right interest in the property, this can also make a title defective. Inconsistencies in wording, boundary lines and typos can also cloud a title. Missing signatures can also make a title defective.
Quiet title actions
Any encumbrances on a title need to be cleared before the property can be sold. Title searches are performed to uncover who the true titleholder is. If there is a title defect, and there is a dispute as to who is the true owner of the property, a person can pursue a quiet title action. In such an action, the court will decide who the legal titleholder is.
Learn more about real estate law in California
Buying or selling a home is an exciting time, but it should not be rushed through. It is important to carefully work through each step of the process. This includes performing a proper title search and curing any title defects. This post is for informational purposes only and does not contain legal advice. Those who want to learn more about real estate law in California can visit our firm’s website for further information.