Who is responsible for conducting a title search?

The title search is a critical aspect of real estate transactions, as it determines the legal ownership of a property and reveals any claims, liens, or encumbrances that may affect the title. The responsibility for conducting a title search typically falls on the title company or an attorney who specializes in real estate law. These professionals have the expertise to search public records and uncover any issues related to the title.

They ensure that the title is clear before the property changes hands, providing both the buyer and lender with confidence in the transaction. The title company or attorney will prepare a title report after completing the search, which details their findings and indicates whether the property can be conveyed without complications.

Other parties, such as the property owner or real estate agent, typically rely on the expertise of the title company or attorney to handle this process. The mortgage lender may require a title search as part of the lending process to protect their investment, but they do not perform the search themselves. This delineation of responsibilities is crucial for a smooth real estate transaction and helps prevent future legal issues regarding property ownership.