"This is a problem. Despite Atty. redacted experience in successfully refusing to have a seller sign the Owner/Seller Affidavit, we must insist upon the seller signing the document. It is a mandatory affidavit for title insurance. Any attorney who issues a policy without having this affidavit is doing so in violation of their contractual relationship with the title insurance company. We don't violate that contract. That said, since this is a cash transaction, the buyer may, if she chooses, accept a broad exception to her coverage which would except risks covered by the affidavit - effectively gutting her policy. In my opinion the refusal to sign the Owner/Seller Affidavit is no less a concern than if the estate had refused to sign the Seller Disclosure or the PAR sales contract and the various related disclosures contained in the real estate brokerage file."
"The bottom line is that this transaction belongs to redacted and redacted. I am prohibited by Atty. redacted from contacting Ms. redacted directly. Otherwise, I would surely try to explain to her that the refusal to sign the Owner/Seller Affidavit is outside of the norm. Section 16 of the PAR sales contract says "The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at regular rates,......" Though Atty redacted argues otherwise, it is a fact that the affidavit is mandatory and any title insurance company who is aware that their authorized agent [attorney or not] is issuing a policy without having such an affidavit in hand, that title insurance company would refuse to issue such a policy."
Upon receipt of this explanation, the listing agent spoke with the seller and she agreed to sign the affidavit despite the recommendation from her attorney.
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