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View Full Version : You can`t always get what you want! Agent wants to select their Title Company and goe


realestatefla1
04-11-2007, 04:09 AM
We recently sold a home in Port Saint Lucie Florida that's set to close in the next 30 days. In the state of Florida every county has different rules about who "Selects Title Companies", for example in Miami-Dade, and Broward County the buyer selects and in St.Lucie county it`s the seller. It`s never been a huge issue, nor should it be. Rules are Rules!
Yesterday the buyers agent contacted us in regards to having her buyer select the "Title Company", she wanted the seller to use her company to close. I explained to her that the seller selects who handles the title not the buyer and she went bombastic on me!
The conversation is as follows:
Buyer`s Agent: The Buyer insists that you use their Title company.
Me: They insist? What does that mean?
Buyer`s Agent: They want you`re seller to use a friend of theirs who has a title company in Miami.
Me: I noticed that the escrow deposit was given to this company, we have no problems with that,but, to be honest with you, we can`t seem to locate this company. Their not listed in the Yellow Pages or anywhere else!
Buyer`s Agent: Well, they are a new company, they need business.
Me: Please tell the buyer we`re sorry, but the seller wants to use a company that has been established.
Buyer`s Agent: Than the buyer won`t close!
Me: Really? I suggest that you explain the contract to the buyer again, someone needs to,tell them we have an executed contract that doesn`t state anything about what a buyer wants, in selecting title. Do you realize what you`re saying to me?!
I don`t know about you, but, each day we`re dealing with agents that seem to make up "Rules" as they go along!
I made sure to follow up this conversation with a fax, sending a copy of the executed contract showing where the buyer signed! I don`t understand what the "Real Motivation" was in arguing with me about an issue that is so perfectly clear.
I started thinking to myself about the Rolling Stones song "You can`t always get what you want".



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Jim Erickson
04-11-2007, 07:21 AM
In our neck of the woods, who chooses the closing company is dependent on who is paying for title insurance, whether it is the Lender's policy or Owner's policy.

If the seller is purchasing the title insurance, the seller should be able to determine what policy to be purchased. Conversely, if the buyer is paying, they should determine what policy to be purchased.

What policy is to be purchased will dictate where the closing will be.

It seems 'unrightful' to me that a governing authority should dictate who decides where the closing should occur, as you stated, for counties in Florida.