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Updated about 6 years ago,
Option on title of a property I am closing
Hi all,
I have a situation in the process of purchasing a rental property. In the Schedule B Exceptions from Coverage of the title commitment, it states a "Memorandum of Option" between previous seller and buyer in 2013. This could lead to a future event that optionee comes up and buy my property at a stipulated price.
Currently, I have heard a few things:
- Title company: they say there have been a few transactions after this Option, there should be no issue, but this is not covered by insurance
- an unpaid legal advice from a local lawyer: this is a defected title, should cancel the purchase
- Realtor: we will try to remove this, but this is not an important issue
- Realtor friends: No. Only purchase if it's removed
- Lender: Need to see what comes out from Title company's effort
Difficulties:
- Can't reach the optionor, and optionee is an LLC
- Public record in Texas doesn't show the image (working on recovering)
- Closing date is soon
Question:
- What can I do to remove it?
- Will an option agreement expire once there is a subsequent transaction?
- Should I proceed?
Please please help! This is my first time seeing this thing and I really appreciate any advice you have as an investor, a lawyer or a realtor. I understand no advice here should be treated as legal advice, so it would be really helpful to tell me what you would do.
Thanks BP community!