What to do if I hired a title company to research/clear a property of all liens/delinquent taxes and to issue a warranty deed at closing but they have failed do so?

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What to do if I hired a title company to research/clear a property of all liens/delinquent taxes and to issue a warranty deed at closing but they have failed do so?

The funds I have provided for purchasing the property and closing are being held in escrow. I wish to have my funds returned. The seller has refused to sign the release of earnest money. What steps must I take to have my money refunded?

Asked on October 26, 2012 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, if you hired them to do a title search and they issued title insurance then you should be able to rely on their report.   But do you mean that you did not close?  And why is that the problem of the title company?  Your contract will govern the steps to be taken and the reasons for which your escrow is returned.  If the title company did not perform their duties then maybe you need to get a new company to run the report to close.  Then sue the title company for the money.  It is unclear here as to why you did not go forward and more information is needed to guide you.  Perhaps it is time to get an attorney involved.  Good luck.


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