In an Assignment of Contract who does the Title Search, the Assignor or the Assignee?
The purchase contract will dictate who pays for it.....the buyer or the seller.
Seller is the person who owns the house and is motivated to sell.
When you say Seller I hope you mean the assignor(the wholesaler)
when you say buyer I hope you mean the assignee(the investor buyer).
No, the seller is the current owner that you have a purchase contract with. The buyer, right now it is you, and the assignee will be stepping into your shoes. The purchase contract should specify who is paying what.
Since we are now clear,
who does the title search the Assignor or the Assignee.
Because the MY purchase contract does not say who will pay buyer or seller.
Then you have a bad contract. Forget the assignee/assignor question as to who pays. It's either the Seller or the Buyer. I hope your contract at least says something like "each party shall pay their customary/typical closing costs...". Ask your title/closing agent who normally pays what, then get everyone on the same page.
In my experience, the buyer is the one who typically pulls title. I have pulled title before I have wholesaled before - now I do not. The person I assign contract to pulls title. I Usually will go to town/city hall and look at property records myself to see if anything jumps out at me. If you choose to pull title you can have title company / attorney assign title to your buyer and pay you what you paid for title search.
Thanks for your input, for me it is lesson learnt. I will look in to my contract more closely and will put in my comments.
Thanks for your input, it gave a new perspective.
The following was found in the Attorney review letter:
. Seller shall provide Buyers’ attorney, within ten days, any available back title information in their possession, including Deed, survey and title insurance policy.
to which the sellers attorney replied
.Replace with: "Seller agrees to provide a copy of the Deed to the property within ten days of the end of attorney review. No other back title information is believed to be availale but will be provided if it become available".
That is all negotiable in the contract and the title company will preform one regardless of what you choose to do. In most case the buyer pays for the title search and IMO why shouldn't they after requesting such a deep discount. Even if you negotiate the buyer to pay the closing cost you will not be buying you will be assigning and removing your self from the middle and your assignee will be paying it all.
Thats what I thought, as an assignor I can pass the title searh payment to the Assignee.
The reason I raised this questions was because I saw postings where I saw most assignor doing the Title Search and then assigning the contract which I found contrary to what people have been telling or speaking at club meet. Even a course that I took did not mention about the assignor doing the title search.
In the next meetup I am definitely going to raise this question to educate myself more on this matter.
The reason you pay for it also is because you want to make sure you know who you are dealing with. The last thing you want to do is attempted to purchase a house from someone who has no legal interest in the property and for $75(in my area) is not to bad of a price.
All this tells I am a newbie. I didn't even know the cost was paltry.
For my next deal I will do that even before going any further.
I work for a title company and we generally see a seller search his own property prior to putting it up for sale. They normally want to make sure there aren't any unexpected issues with their title.
Then when it comes time for a contract, the buyer will usually order the title search. They want to be in control of the due diligence process for their own purchase.
However, it's all a negotiation. Either party can pay for the title search.
You must be a BiggerPockets member to post on the forums
Join the world's largest, most open Real Estate Investing Community online, 100% free forever!