Seller cant get a clear title before closing

[armorsecsys]

What is the name of your state? MO


We are buying a house here in the St. Louis area. At the last minute we find out that the seller cant get a clear title and that we might not be closing tomarrow (21st) at 11:00am.

My question is, can we sue them for putting a house on the market without a clear title, Have them pay for the fees we are responsible for if we dont close, (i.e. Apraisle, title search, gas inspection etc) and is this legal to put a house on the market and try to sell it to someone if it does not have a clear title, and last, what about the sellers realator? Shouldnt he ask the sell if they have a clear title?

Thanks!!!

Matthew
St. Louis, MO

[BelizeBreeze]

The answer to all of your questions is Yes. Whether or not you will win depends on the totality of the facts.

[PghREA]

Originally Posted by armorsecsys

What is the name of your state? MO


We are buying a house here in the St. Louis area. At the last minute we find out that the seller cant get a clear title and that we might not be closing tomarrow (21st) at 11:00am.

My question is, can we sue them for putting a house on the market without a clear title, Have them pay for the fees we are responsible for if we dont close, (i.e. Apraisle, title search, gas inspection etc) and is this legal to put a house on the market and try to sell it to someone if it does not have a clear title, and last, what about the sellers realator? Shouldnt he ask the sell if they have a clear title?

Thanks!!!

Matthew
St. Louis, MO

Spelled "Realtor" Pronunced: "Real-tor"

It is possible that the seller did not know that he did not have a clear title.

[IndianaOwner]

More facts are needed. It may be possible to put the money in escrow, get possession as planned, and close on escrow once the title matter is cleared up, whatever the issue is. More facts please.

[nextwife]

If every seller who was unaware they had a title issue was sued, there'd be 50% of all sellers in court. Unknown, or misunderstood issues affecting title is commonplace. SOOO many people have no clue what is, and is not "good title". and what does and doesn't constitute a lien, judgement or mortgage against real estate, nor do they appreciate what constitutes a potential survey problem.. And many times, the condition of title is not known until an accepted offer causes the parties to order a title commitment showing current tiitle condition.

[seniorjudge]

Q: We are buying a house here in the St. Louis area. At the last minute we find out that the seller cant get a clear title and that we might not be closing tomarrow (21st) at 11:00am.

A: Very common in the Saint Louis area.



Q: My question is, can we sue them for putting a house on the market without a clear title, Have them pay for the fees we are responsible for if we dont close, (i.e. Apraisle, title search, gas inspection etc) and is this legal to put a house on the market and try to sell it to someone if it does not have a clear title, and last, what about the sellers realator?

A: Sure you can sue but you probably won't win, unless the written contract gives you those rights.



Q: Shouldnt he ask the sell if they have a clear title?

A: 99.999% of sellers have no idea what "clear title" means. 99.998% of real estate agents do not know either.

[Gadfly]

Often times title defects are caused by paper work errors. Like someone with a similar name has a judgement placed against them, and your name gets used. Sometime identity theaft causes issues. Sometimes a lender fails to have a lein removed. Sometimes a clerk makes an error entering a judgement and it ends up on the wrong peice of property. There are many, many reasons a seller could be unaware. Instead of jumping to conclusions and a law suit, give the seller a fair chance to resolve the issues.

[capricarlo]

The exact same thing is happening to me. To make matters worse, because of my credit rating I had to go with a mortgage package that will not be offered in 2007 and I only have until December 28th to use this mortgage. We were supposed to close on the 17th and instead I got a call that morning that the seller had a problem with the title. My kids were devastated and our Christmas was darkened. I am angry and frustrated but I don't want to make it worse by wasting time and energy on trying to sue if there is no chance that I can win. I don't need a guarantee.

[BelizeBreeze]

Originally Posted by capricarlo

The exact same thing is happening to me. To make matters worse, because of my credit rating I had to go with a mortgage package that will not be offered in 2007 and I only have until December 28th to use this mortgage. We were supposed to close on the 17th and instead I got a call that morning that the seller had a problem with the title. My kids were devastated and our Christmas was darkened. I am angry and frustrated but I don't want to make it worse by wasting time and energy on trying to sue if there is no chance that I can win. I don't need a guarantee.

DO NOT hijack another thread. start your own.