The Anatomy of the Deal

Part 5: Title Contingency Addendum

The Title Contingency Addendum, or 22T as we call it in the biz, is a very important 1 page form. Although about half a page long, the 22T is a protection for the buyer regarding the ownership of the property.

Encumbrances

Let’s say there is a neighbor who thinks they own some of your land but seller says different? Who do you believe and how would you find out if this situation even exists? A survey if possible, but usually a report will reveal potential issues that could affect your clear ownership.

Exceptions

Seller has not paid the plumber who re-plumbed his entire house. There is now a “Mechanic’s Lien” on the title. What that means is that plumber has a right to the property until he is paid. If it is not paid before closing, that bill is now yours! A title examiner is very good at clearing the title for buyers.

Marketable Title

Let’s say there is something else that isn’t caught. That still doesn’t relieve the seller of providing a free and clear title to the buyer. There is no situation that I can think of where I wouldn’t recommend using a Title Contingency Addendum. It just makes sense when you want protection & peace of mind knowing the property is truly yours.

If you are someone you know is thinking about buying or selling and want/need advice on how best to protect themselves during the transaction, feel free to reach out to me.