BlogWhy You CANNOT Buy Real Estate Without Title Insurance

May 17, 2023 / David Goodhart / 0 Comment

You cannot buy real estate without obtaining title insurance. I say this at least once a day to clients interested in buying real estate.  In my 30 years of practicing real estate law, I have seen so many title problems. Buyers who find out – after closing – that their seller failed to pay their property taxes, or had an IRS lien for failing to pay their income taxes, or had a mechanic’s lien because they failed to pay their plumber’s bill, or, get this: they weren’t even the owner of the subject property!!! That’s right, they thought they were because their parents died and they assumed they inherited the property, but their parent’s Last Will & Testament — which hadn’t yet been probated — left the subject property to another sibling. I have seen it all. Title insurance is not expensive, and in this part of the country, the seller often pays for the title insurance premium.  So, why wouldn’t you close your real estate transaction at a title company? Answer: you wouldn’t. And, and if that’s not good enough for you, note that fraud is on the rise. I have personally seen several fraudulent transactions where the seller purported to own property, and sold the property to an unwitting buyer who didn’t insist on obtaining title insurance.  Of course, the seller took their money never to be heard from again.  Please don’t let this be you. It goes without saying that when you are protected with title insurance, you can recoup your losses up to the policy amount – typically the sales price. If you have questions about title insurance, or want to close your real estate transaction with a professional title insurance company, reach out to me at my Fidelity Title office at We close transactions all over the State of Texas, regardless of where your property is located.

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David Goodhart