Contracts
What is a 'title contingency' in an Illinois real estate purchase contract?
AA contingency allowing the buyer to cancel if the title company cannot provide insurance
BA condition allowing the buyer to review title evidence and object to title defects within a specified period, with the right to cancel if defects cannot be cleared✓ Correct
CA requirement that the seller obtain title insurance before signing the contract
DA clause making the contract contingent on the seller paying for the owner's title policy
Explanation
A title contingency gives the buyer the right to review title evidence (title commitment) and raise objections to any defects, liens, or encumbrances within a defined period. If the seller cannot clear the objected-to issues by closing, the buyer may cancel and receive their earnest money back. Most Illinois residential contracts include title review provisions, and the standard is that the seller must deliver marketable title at closing.
Related Illinois Contracts Questions
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- Under Illinois law, which party typically pays for the owner's title insurance policy in a residential transaction?
- Under Illinois law, which of the following statements about earnest money is correct?
- A contingency clause in a purchase contract:
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