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Updated over 11 years ago,
"Good Funds" At Title
We've been purchasing a lot of product lately on short contracts to be competitive in the Austin market. A closing we had recently got a bit chippy and the title company the seller selected failed to tell us we needed to wire funds in advance for them to be considered "good funds." Since I was attending the closing to sign documents anyway I just brought a cashier's check with me to save on the wire fee. I told the title company I'd be happy to wire the funds if the seller would pay for my wire fee.
Things are going to work out with this deal despite the seller being a real jerk, but I was wondering if anyone has heard about laws for this. I don't think there is a requirement for "good funds" specified anywhere in TREC contracts and I would think the person that selects the title company should be obligated to make sure their procedure is followed if they wish to receive funds the day of closing instead of waiting on the hold for cashier's checks.
Opinions? Does anyone know what different states say about this? This transaction is in Texas.