| In
today’s competitive environment, it is essential to seek out
every advantage possible to ensure your deals have the best chance
of closing on time.
By
introducing a risk taker into a process where conventionally no
risks were assumable (regardless of the reasonableness of the risk),
title insurance allows more deals to close on time than would otherwise.
That’s
one of the reasons why our firm title insures every deal we do.
Sometimes,
though, that’s not enough. Sometimes, vendors, purchasers
and lawyers are not as aware as they could be of the benefits and
coverage options involved with title insurance. When that happens,
it can be helpful to include reference to title insurance in the
body of an offer.
For
that reason, we recommend you consider the following clause in ALL
your offers:
“SATISFACTION
OF TITLE OBJECTION WITH TITLE INSURANCE
It
is further agreed that if the Vendor arranges for the issue
as of the Completion Date of a policy of title insurance,
for an insured amount equal to the Purchase Price of the Property,
providing coverage to the Purchaser with respect to any objection
to title or to any outstanding work order or deficiency notice,
then such objection shall be deemed to have been satisfied”.
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The
use of this clause will have the effect of obligating the purchaser
to close the transaction notwithstanding that a title objection
has been raised by the purchaser’s lawyer as long as a title
insurance policy can be provided. In plain English –this means
that a clause like this can help your deal close on time.
Consider
it.
Korman
& Associates is one of Canada's leading real estate law firms,
closing thousands of transactions annually. Put our experience to
work for you!
Korman
& Associates
Barristers & Solicitors
Realtor Hotline 905.602.6515
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