the legal stuff

Terms and Conditions

 

TITLESERV, LLC ("TITLESERV") is responsible for this advertisement and Promotion. TITLESERV is acting in a dual capacity as a title insurance agent for those closings performed by it, as well as, providing marketing and advertising services for the TITLESERV network providers according to certain Marketing Services Agreements ("MSA").


TITLESERV may elect to close your real estate transaction or it may elect to refer your closing to an approved Network provider, in its sole discretion.  You authorize TITLESERV or members of its network to contact and work with your real estate agent, if any, in order to facilitate the closing of your transaction and provision of title insurance.  You agree to provide all information necessary to perform the closing services or work with your real estate agent, if any, to provide such information.


The customary party responsible to pay title insurance in a real estate closing varies by state, county or locality. However, the responsible party may be decided by contract. This means the buyer or seller, depending on the final terms of the contract may be responsible for the title insurance premium. Owner's Title Insurance varies with the contracted sales price of the home. The term "Instant Rebate" means a rebate that is negotiated prior to closing. The term, "Instant Rebate" is not intended to be used or interpreted as a discount to the seller or payment for referrals to closing service providers. The Rebate is paid out of the title agent's premium that the title agent is entitled to receiver under the terms of the contract with the title insurance company. The seller does not receive any money or thing of value until closing. All rebates will be itemized on the closing disclosure to reflect a credit to the party paying for the title insurance. No check or monetary payment to party paying the title insurance premium will be made at the closing. 


You may cancel your order any time and select another service provider to close your loan and provide title insurance services.  To cancel your services simply email closing@titleserv.com.  


According to the Consumer Financial Protection Bureau ("CFPB") and various state agencies, “the person paying the title insurance premium gets first choice of closing/title agent.”  


Buyer and Sellers, by law, are not obligated to use the services of any title agency suggested by a real estate agent, mortgage lender or attorney.  Buyer and Seller understand the role of the title agent a real estate transaction is to: 

• Prepare and obtain title searches; 

• Examine the property title; 

• Prepare closing documents; 

• Prepare and issue title insurance; 

• Conduct closings; and 

• Disburse funds.


FL Residents:  I understand that title insurance premiums are set by the state of Florida. However, the agent’s portion of the premium, as well as title agency fees, may be negotiated. I understand that I can compare these costs among various title agencies. I understand that I can check title agencies by visiting the Florida Department of Financial Services’ website at https://licenseesearch.fldfs.com, or by calling the Department of Financial Services’ Insurance Consumer Helpline toll-free at 1-877-MY-FL-CFO (1-877-693-5236). 


Sellers choosing TITLESERV, acknowledge that they will not require, directly or indirectly, as a condition to selling the property, force a buyer to purchase title insurance from a particular title insurance company.   Seller acknowledges that only if they are paying for title insurance for the Buyer, then may choose the closing location and title insurance provider. 


TITLESERV services are provided “as-is,” with no warranties of any kind, whether express, implied in fact or by operation of law, or statutory, including without limitation, those as to quality, non-infringement, accuracy, completeness, timeliness, or currentness, and those warranties that might be implied from a course of performance or dealing or trade usage and warranties of merchantability and fitness for a particular purpose. 


 IN NO EVENT SHALL TITLESERV BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES INCURRED BY ANY PARTY CHOOSING TITLESERV AND ARISING OUT OF THE PERFORMANCE UNDER THIS OFFERING, INCLUDING BUT NOT LIMITED TO LOSS OF GOOD WILL AND LOST PROFITS OR REVENUE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 


References made herein are for informational purposes only and are not to be considered to create a contract or provide legal advice;