Escrow & Title

A Nevada buyer's purchase contract requires a 'clean title' at closing. The title search reveals a $15,000 mechanic's lien from a prior contractor. What typically happens?

AThe buyer must accept the title with the mechanic's lien
BThe seller must satisfy (pay off) the mechanic's lien before or at closing to deliver marketable title✓ Correct
CThe title company automatically removes the lien without cost
DThe buyer assumes the mechanic's lien as part of the purchase

Explanation

A purchase contract requiring 'marketable title' or 'clear title' obligates the seller to deliver title free of undisclosed liens and encumbrances. If a mechanic's lien is discovered during title search, the seller must resolve it — typically by paying it off at or before closing (often from sale proceeds). If the seller cannot clear the lien, the buyer may have grounds to cancel the contract. In Nevada, mechanic's liens (NRS 108) are common in new construction and remodel transactions and must be carefully tracked by title companies.

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