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Updated almost 11 years ago, 03/20/2014
Short Sale -Title
Hello Everyone: Getting in to my first short Sale and have a seller go ahead purchase and sale agreement in place. Understand that the next step is the waiting game for the banks.
Also I have 10 days starting today for Due Diligence.
I looked at the contract and see the below as far as title is concerned. My understanding is it will be clear and marketable title. Is there anything I need to worry about.
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Purchase and Sale/Title. ( from Contract)
Purchase and Sale/Title.
a. Warranty: Seller warrants that at the time of closing Seller will convey good and marketable title to said Property by limited warranty
deed subject only to: (1) zoning; (2) general utility, sewer, and drainage easements of record as of the Binding Agreement Date and
upon which the improvements do not encroach; (3) declarations of condominium and declarations of covenants, conditions and
restrictions of record on the Binding Agreement Date; and (4) leases and other encumbrances specified in this Agreement. Buyer
agrees to assume Seller’s responsibilities in any leases specified in this Agreement.
b. Examination: Buyer may examine title and furnish Seller with a written statement of title objections at or prior to the closing. If Seller
fails or is unable to satisfy valid title objections at or prior to the closing or any unilateral extension thereof, which would prevent the
Seller from conveying good and marketable title to the Property, then Buyer, among its other remedies, may terminate the Agreement
without penalty upon written notice to Seller. Good and marketable title as used herein shall mean title which a title insurance company
licensed to do business in Georgia will insure at its regular rates, subject only to standard exceptions.