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Understanding Preliminary Reports After months of searching, you've finally found it -- your perfect dream home. But is it perfect?
Will you be purchasing more than just a beautiful home? Will you also be acquiring liens placed on the property by prior owners? Have documents been recorded that will restrict your use of the property?
The preliminary report will provide you with the opportunity, prior to purchase, to review matters affecting your property which will be excluded from coverage under your title insurance policy unless removed or eliminated before your purchase.
To help you better understand this often bewildering subject, the Land Title Association has answered some of the questions most commonly asked about preliminary reports.
What is a Preliminary Report?
A preliminary report is a report prepared prior to issuing a policy of title insurance that shows the ownership of a specific parcel of land, together with the liens and encumbrances thereon which will not be covered under a subsequent title insurance policy.
What role does a Preliminary Report play in the real estate process?
A preliminary report contains the conditions under which the title company will issue a particular type of title insurance policy.
The preliminary report lists, in advance of purchase, title defects, liens and encumbrances which would be excluded from coverage if the requested title insurance policy were to be issued as of the date of the preliminary report. The report may then be reviewed and discussed by the parties to a real estate transaction and their agents.
Thus, a preliminary report provides the opportunity to seek the removal of items referenced in the report which are objectionable to the buyer prior to purchase.
When and how is the Preliminary Report produced?
Shortly after escrow is opened, an order will be placed with the title company which will then begin the process involved in producing the report.
This process calls for the assembly and review of certain recorded matters relative to both the property and the parties to the transaction. Examples of recorded matters include a deed of trust recorded against the property or a lien recorded against the buyer or seller for an unpaid court award or unpaid taxes.
These recorded matters are listed numerically as "exceptions" in the preliminary report. They will remain exceptions from title insurance coverage unless eliminated or released prior to the transfer of title.
What should I look for when reading my Preliminary Report?
You will be interested, primarily, in the extent of your ownership rights. This means you will want to review the ownership interest in the property you will be buying as well as any claims, restrictions or interests of other people involving the property.
The report will note in a statement of vesting the degree, quantity, nature and extent of the owner's interest in the
real property. The most common form of interest is "fee simple" or "fee" which is the highest type of interest an owner can have in land.
Liens, restrictions and interests of others which are being excluded from coverage will be listed numerically as
"exceptions" in the preliminary report. These may be claims by creditors who have liens or liens for payment of taxes or assessments. There may also be recorded restrictions which have been placed in a prior deed or contained in what are termed CC&Rs--covenants, conditions and restrictions. Finally, interests of third parties are not uncommon and may include easements given by a prior owner which limit your use of the property. When you
buy property you may not wish to have these claims or restrictions on your property. Instead, you may want to clear the unwanted items prior to purchase.
In addition to the limitations noted above, a printed list of standard exceptions and exclusions listing items not covered by your title insurance policy may be attached as an exhibit item to your report. Unlike the numbered exclusions, which are specific to the property you are buying, these are standard exceptions and exclusions appearing in title insurance policies. The review of this section is important, as it sets forth matters which will not be covered under your title insurance policy, but which you may wish to investigate, such as governmental laws or regulations governing building and zoning.
Will the Preliminary Report disclose the complete condition of the title to a property?
No. It is important to note that the preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land, but merely report the current ownership and matters that the title company will exclude from coverage if a title insurance policy should later be issued.
Is a Preliminary Report the same thing as title insurance?
Definitely not.
A preliminary report is an offer to insure, it is not a report of a complete history of recorded documents relating to the property. A preliminary report is a statement of terms and conditions of the offer to issue a title insurance policy, not a representation as to the condition of title.
These distinctions are important for the following reasons: first, no contract or liability exists until the title insurance policy is issued; second, the title insurance policy is issued to a particular insured person and others cannot claim the benefit of the policy.
Can I be protected against title risks prior to the close of the real estate transaction?
Yes, you can. Title companies can protect your interest through the issuance of "binders" and "commitments."
A binder is an agreement to issue insurance giving temporary coverage until such time as a formal policy is issued. A commitment is a title insurer's contractual obligation to insure title to real property once its stated requirements have been met.
Discuss with your title insurer the best means to protect your interests.
How do I go about clearing unwanted liens and encumbrances?
You will wish to carefully review the preliminary report. Should the title to the property be clouded, you and your agents will work with the seller and the seller's agents to clear the unwanted liens and encumbrances prior to taking title.
Who can I turn to for further information regarding Preliminary Reports?
Your real estate agent and your attorney, should you choose to use one, will help explain the preliminary report to you. Your escrow and title company can also be helpful sources.
CONCLUSION: In a business which is directed at risk elimination, the efforts leading to the production of the preliminary report, which is designed to facilitate the issuance of a policy of title insurance, is perhaps the most important function undertaken.
Articles by CLTA
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Real Estate, Houses , Homes, Cottages, Lake Huron Waterfront Property, Waterfront Property on Inland Lakes,Land, Tawas, East Tawas, Tawas City, AuGres, Oscoda Michigan
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WELCOME TO NORTHEASTERN LOWER MICHIGAN!
Best Choice Realty, Inc. means this sincerely and knows that once you visit NORTHEASTERN LOWER MICHIGAN you, too, will feel the same way we do about the abundance of nature and beauty to be found in NORTHEASTERN LOWER MICHIGAN!
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Our high quality staff of professional Real Estate Consultants have been trained to make your real estate move go as smoothly as possible. Each real estate associate is kept up to date with the real estate market and the changes in the real estate industry by ongoing real estate training and informational meetings. We're proud to have real estate agents that go the " extra mile " to provide you with the utmost in professional real estate service. We are locally owned and staffed by individual real estate agents who have spent years living and working in this area. We know the area and we know the real estate market.
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Sincerely,
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President/Associate Broker
BUYERS: "LOYALTY PAYS OFF"
Some buyers like to leave their name with three or four sales people. Although it may seem to be to the buyer's advantage to have a number of real estate agents to work with, it is usually a very ineffective approach. The assumption is that many real estate agents will produce more results than working exclusively with one. THIS IS NOT TRUE! YOU NEED THE TOTAL COMMITMENT OF ONE REAL ESTATE AGENT. My advice to you is to find a Realtor whom you feel will get the results you need. Tell this real estate agent that you will work exclusively with him or her ( SIGNING A BUYERS AGENCY CONTRACT IS RECOMMENDED ) as long as you see the effort required to get the job done. In this way, you will have a dedicated real estate agent who will take on the personal responsibility of handling all the details of your home purchase.
REAL ESTATE AGENTS are paid on a straight commission basis. They don't receive a salary. They are not on an expense account. They don't get paid unless they SELL YOU SOMETHING. This is why working with more than one agent is not a good idea. None of the real estate agents know if their efforts will result in any income. If a agent knows that you will be loyal to them that is all the motivation needed to provide, a real estate agent, dedicated to getting the job done right.
PRICING YOUR HOME TO SELL
Get a comparative market analysis.
EXPIRED
Out of range. Up to 35% of all homes put on the market never sell. The prices at which these homes expired represent the overpriced range. IF YOU PRICE HERE, THEN YOUR LISTING WILL ALSO EXPIRE!
CURRENTLY FOR SALE
Represents the upper end of the market. These are asking prices only. They have not been attained in the real estate market. Examine the number of days on the market and if it has been a long time, the homes(s) is/are priced to high.
SOLDS: - TRUE MARKET VALUE.
NEVER SELECT A REAL ESTATE AGENT BASED ON THE PRICE THAT THEY TELL YOU!
A real estate agent has no control over the price the market will allow. SELECT YOUR REAL ESTATE AGENT FIRST based on competence of the real estate agent, company and services provided. Don't encourage or allow the real estate agents to " bid the price up", by telling you what they think you want to hear, to get the listing. True professional real estate agents will give you candid feed back and factual information, based on "SOLD PROPERTIES", so you can price within the "MARKET".
BENEFITS TO PROPER PRICING
1. FASTER SALE
2. LESS INCONVENIENCE
3. EXPOSURE TO MORE PROSPECTS
4. BETTER RESPONSE FROM ADVERTISING AND DRIVE BY CALLS
5. INCREASED SALESPERSON RESPONSE
6. ATTRACTS HIGHER OFFERS
7. MEANS MORE MONEY TO SELLERS
REASONS SELLERS USE WHEN OVERPRICING
1. WE'VE MADE IMPROVEMENTS: Improvements should be made for enjoyment, not for sale. You cannot add an item to a home, select it to your style, use it, then expect a buyer to pay the original cost.
2. WE NEED THE MONEY: An owners need for money does not increase the value of the home.
3. BUYING IN A HIGHER REAL ESTATE MARKET: Real estate values are location specific. High real estate values in the destination market/home do not increase the value of your existing home.
4. WE PAID THIS MUCH: Chances are you paid market value. It's not that the price was too high, but sometimes the market experiences subsequent changes. The real estate market is effected by interest rates, the economy and supply and demand.
PRINCIPLES OF VALUATION
1. COST - The amount actually paid for a property plus any capital improvements made since the purchase.... 2. PRICE - The stated amount an owner is willing to accept for a property.... 3. VALUE - The amount a single buyer is willing to pay given a certain set of circumstances.... 4. MARKET VALUE - The amount many buyers would pay a reasonable, willing, seller. It is based on the history of similar real estate recently sold in the area.
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