We purchased 60 acres 1 1/2 years ago as unrestricted property and put it on the market a couple of months ago as unrestricted property. A couple of days prior to the closing the buyers title company found 18 pages of restrictions on our land. These restrictions were not presented to us when we closed. We have looked though our closing records and they are not there. We now have a note which is due and have lost the sell of our property. We may be able to get the restrictions lifted but we are going to have to do this though an attorney which is going to cost us even more money. What is our Title Companies responsibility in this situation?

Does it say in the title policy that they issued that they are insuring as "unrestricted"? If so, then they are definitely responsible for any damages that you experience as a result of them missing the restrictions.

Have you been in contact with the title company that worked it up when you purchased it?

Also, you may want to check with a real estate attorney on this case. The loss of a potential sale is going to have to be presented very well to prove damages. Actually, I'm sure you're talking about dollar amounts that will exceed small claims court, anyway, so you'll need an attorney to represent you.

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Originally Posted by rockinmommy

Does it say in the title policy that they issued that they are insuring as "unrestricted"? If so, then they are definitely responsible for any damages that you experience as a result of them missing the restrictions.

Have you been in contact with the title company that worked it up when you purchased it?

Also, you may want to check with a real estate attorney on this case. The loss of a potential sale is going to have to be presented very well to prove damages. Actually, I'm sure you're talking about dollar amounts that will exceed small claims court, anyway, so you'll need an attorney to represent you.

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I would also speak to the Attorney who represented OP at purchase - for sure somebody missed something here.

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Originally Posted by JudyKayTee

I would also speak to the Attorney who represented OP at purchase - for sure somebody missed something here.

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Right, I agree. Where I live (Texas) that would mean contacting the title company. (In most instances.) I don't hire a separate attorney for most standard transactions. The title company's attorney reviews the contract and title policy for illegaliities or inconsistancies.

But, by all means, I'd contact anyone and everyone who was involve in the purchase. You never know who winds up being the solution to the problem.

Yes, first of course assuming you purchased title insurance you need to review what it covers you for. Next if you used your own attorney at closing, you need to start with them. But if the seller misrepresented the property it may be a fraud issue also, where was the pages of restrictions, filed at the courthouse with the original deeds?

The only restrictions that were presented during the closing was a hand written paper from the seller indicating mobile home restrictions. The old restrictions were on filed at the court house but our title company missed them. We have the ads from the purchase and it all indicated the property was unrestricted. We have talked to an attorney and he is going to call the company that imposed the restrictions and try to get them lifted. We have not contacted the title company as yet; my husband said if we can resolve this quickly we would rather. If not we are going to call the title company and start the ball rolling on a suit. Had this property sold we would have more than doubled our money.

We are in Texas so any other advice would be appreciated.