Preliminary Title Report Clause Samples
The Preliminary Title Report clause requires the provision of a report detailing the current status of the property's title before the completion of a real estate transaction. This report typically lists any existing liens, encumbrances, easements, or other title defects that may affect ownership. By disclosing this information early in the process, the clause helps buyers and sellers identify and address potential title issues, ensuring transparency and reducing the risk of disputes or delays in closing.
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Preliminary Title Report. Purchaser, at Purchaser’s sole cost and expense, shall cause the Title Company to issue and deliver to Purchaser a title commitment, update or abstract issued by the Title Company, accompanied by a legible copy of all recorded documents affecting the title to the Property and which would constitute encumbrances, restrictions, reservations or easements against the Property at the Closing (collectively, the “Title Commitment”). Within twenty (20) days after the Effective Date, Purchaser shall deliver written notice to Seller if the condition of title to the Property as set forth in Title Commitment [***] described in Section 2.02 below is not satisfactory to Purchaser (such notice being called the “Objection Notice”). Within seven (7) days of Seller’s receipt of the Objection Notice, Seller shall respond to Purchaser in writing (the “Seller’s Reply”) whether or not Seller will attempt to or can cure the unsatisfactory conditions to title. If Seller agrees to cure the unsatisfactory condition of title, such cure shall occur, if possible, prior to the Closing Date. However, if Seller is unwilling or unable to cure Purchaser’s objections as indicated in Seller’s Reply, then Purchaser, within seven (7) days of the receipt of Seller’s Reply, may elect to either (a) terminate this Agreement and receive a refund of the Escrow Deposit, or (b) proceed with the Closing without any reduction in the Purchase Price.
Preliminary Title Report. (a) Within two (2) days following the Opening of Escrow, Seller shall provide Buyer a copy of its existing title insurance policy, exception documents and survey, and within twelve (12) days following the Opening of Escrow, Buyer will have prepared a Preliminary Title Report/Commitment for owners title insurance for the Property showing all liens, encumbrances and other matters affecting the title to the Property (the “Title Report”) and will provide a copy thereof together with legible copies of the documents shown as title exceptions or requirements therein to Seller. Buyer shall have ten (10) days following issuance of the Title Report to object, in Buyer’s sole and absolute discretion, to any other items contained in the Title Report . Buyer shall have until the end of the Review Period to object to any items contained in the Survey (as that term is defined in Section 3.2). Should Buyer object to any provisions contained therein, Seller shall, within five (5) days of the receipt of any such objections, advise Buyer of which title objections it will cure. Thereafter, prior to the later of five (5) days following (x) the expiration of the Review Period or (y) receipt of Seller’s title response notice, Buyer may either: (i) reject the Title Report and the Survey, in which case this Agreement is terminated, the parties will have no further rights or obligations hereunder (except those which specifically survive the termination of this Agreement) and the Initial Deposit shall be immediately refunded to Buyer without further instruction; or (ii) Buyer can choose to accept the Title Report and Survey by the placement of the Additional Deposit, which signifies acceptance of the Title Report and Survey. Any cure of title objections which Seller has elected to undertake shall be completed no later than five (5) days prior to the Closing Date. If such cure has not been completed by such time, Buyer may at such time either: (i) reject the Title Report and the Survey, in which case this Agreement is terminated, the parties will have no further rights or obligations hereunder (except those which specifically survive the termination of this Agreement) and the ▇▇▇▇▇▇▇ Money Deposit shall be immediately refunded to Buyer without further instruction; or (ii) Buyer can choose to accept the Title Report and Survey.
(b) If any amended Title Reports are issued from the same title company after the expiration of the Review Period, Buyer shall have until five (5) business day...
Preliminary Title Report. Within five (5) days after the Effective Date, Seller shall deliver, or cause to be delivered, to Buyer a preliminary title report (the “PTR”) for an ALTA extended coverage owner’s policy of title insurance from the Title Company specified in Section 1.8 (the “Title Company”), in a form reasonably acceptable to Buyer, for the Real Property, and copies of all documents relating to the title exceptions referred to in such PTR.
Preliminary Title Report. Within sixty (60) days after the date hereof, Seller, at Seller's expense, shall cause Escrow Agent ("Title Company") to issue and deliver to Buyer an A.L.T.A. Form B owner's title commitment ("Title Commitment") accompanied by one copy of all documents affecting the Property, and which constitute exceptions to the Title Commitment. Buyer shall give Seller written notice on or before the expiration of the later of (i) sixty (60) days after ▇▇▇▇▇'s receipt of the Title Commitment or (ii) thirty (30) days after ▇▇▇▇▇'s receipt of the survey provided for below, that the condition of title as set forth in the Title Commitment and survey is or is not satisfactory, in ▇▇▇▇▇'s sole discretion. In the event that the condition of title is not acceptable, Buyer shall state which exceptions to the Title Commitment are unacceptable and Seller shall undertake to eliminate such exceptions as set forth below; provided, however, that at Closing, mortgages may be satisfied or the liens thereof partially released as the case may be, as to the Property. Seller shall, at its sole cost and expense, promptly undertake and use its best efforts to eliminate or modify all unacceptable matters to the sole satisfaction of Buyer. In the event Seller is unable with the exercise of due diligence to satisfy the objections within ninety (90) days after notice, Buyer may, at its option, (i) accept title subject to the objections raised by Buyer, without an adjustment in the Purchase Price, in which event the objections shall be deemed to be waived for all purposes, (ii) provided further, that in the event that any such defect(s) results from liens or encumbrances having liquidated amounts, Seller shall cause such defects to be paid off and released at Closing, or (iii) rescind this Agreement, whereupon the Deposit described herein shall thereupon be returned to Buyer and this Agreement shall be of no further force and effect. Notwithstanding any of the provisions of this Section 2.1 to the contrary, if ▇▇▇▇▇ fails to notify Seller that the condition of title as set forth in the Title Commitment and survey is or is not acceptable, the parties hereby agree that the condition of title shall be deemed acceptable.
Preliminary Title Report. Within ten (10) business days of Opening of Escrow, Title Company 33 shall provide Buyer with a Preliminary Title Report ("PTR") to review, which must be approved or rejected within five (5) 34 business days of receipt thereof. If Buyer does not object to the PTR within the period specified above, the PTR shall be deemed 35 accepted. If Buyer makes an objection to any item(s) contained within the PTR, Seller shall have five (5) business days after 36 receipt of objections to correct or address the objections. If, within the time specified, Seller fails to have each such 37 exception removed or to correct each such other matter as aforesaid, Buyer shall have the option to: (a) terminate this 38 Agreement by providing notice to Seller and Escrow Officer, entitling Buyer to a refund of the EMD or (b) elect to accept title to 39 the Property as is. All title exceptions approved or deemed accepted are hereafter collectively referred to as the "Permitted 40 Exceptions." 41
Preliminary Title Report. A current preliminary title report covering the Real Property issued by the Title Company, together with copies of all documents referred to as exceptions therein (collectively, the “Title Report”).
Preliminary Title Report. Borrower shall have provided Lender and Lender shall have approved, a preliminary title report for each Existing Project, prepared by the Title Company, together with a legible copy of each “Schedule B” item.
Preliminary Title Report. Seller agrees to provide to Buyer, within five (5) business days following the Effective Date, a copy of any existing title insurance policies which Seller may have in its possession or control covering the Real Property, together with legible copies of all exception documents referred to therein. During the Due Diligence Period, Buyer, at its expense, shall cause an examination of title to the Property to be made and a preliminary title report to be issued (the "Preliminary Title Report"), and, prior to the expiration of the Due Diligence Period, shall notify Seller of any defects in title shown by such examination that Buyer is unwilling to accept by delivering a pro forma copy of the Preliminary Title Report that reflects such unacceptable defects in title, which shall be designated as the Title Objections. Within ten (10) days after such notification, Seller shall notify Buyer whether Seller is willing to cure such defects. If Seller is willing to cure such defects, Seller shall act promptly and diligently to cure such defects at its expense. If any of such defects consist of mortgages, deeds of trust, construction or mechanics' liens, tax liens or other liens or charges in a fixed sum or capable of computation as a fixed sum, then, to that extent, and notwithstanding the foregoing, Seller shall be obligated to pay and discharge such defects at Closing. For such purposes, Seller may use all or a portion of the cash to close. If Seller is unable to cure such defects by Closing, after having attempted to do so diligently and in good faith, Buyer shall elect (1) to waive such defects and proceed to Closing without any abatement in the Purchase Price, or (2) to terminate this Agreement. Seller shall not, after the date of this Agreement, subject the Property to any liens, encumbrances, leases, covenants, conditions, restrictions, easements or other title matters or seek any zoning changes or take any other action which may affect or modify the status of title without Buyer's prior written consent. All title matters revealed by Buyer's title examination and not objected to by Buyer as provided above shall be deemed Permitted Title Exceptions. If Buyer shall fail to examine title and notify Seller of any such Title Objections by the end of the Due Diligence Period, all such title exceptions (other than those rendering title unmarketable and those that are to be paid at Closing as provided above) shall be deemed Permitted Title Exceptions. Notwithstanding the...
Preliminary Title Report. The Preliminary Title Report is available from the Agent and Premiere Estates website. The Buyer’s review and approval, during the escrow period, of the preliminary title report and other matters of record, not of record or which might be revealed by a survey or inspection of the Property will not be a contingency or condition for the completion of the purchase of the Property after the Buyer’s execution of the Purchase Contract.
Preliminary Title Report. A current preliminary title report (the “Title Report”) for the Property prepared by Escrow Agent. The Title Report will show the vesting title to the Property as of the date of the Title Report and will be accompanied by legible copies of all documents referred to in the Title Report.