Traditionally, Ontario purchasers and lenders have relied solely on a lawyer’s “legal opinion” as evidence that they have “good and marketable title” to a property.
Unfortunately, no lawyer can with 100% certainty assure a purchaser that the title is absolutely clear and that there have been no error, fraud or undisclosed claims with respect to tite. Title Insurance satisfies such “gaps” in a lawyer’s opinion, and in fact has become a preferred alternative to the traditional solicitor’s opinion on title.
Title insurance does not replace the role of the lawyer. Rather, it provides an additional level of protection for purchasers. Ontario lawyers still must search title and certify the status of title before a title insurance policy can be issued.
Title Insurance is economical compared to the cost of obtaining a current survey of the property that often is required for a lawyer’s opinion, and provides more extensive coverage than the certification of title that has been traditionally provided by lawyers. Most banks, trust companies and other lenders accept it as satisfactory to protect their interests.
Contact Toronto real estate lawyer Shashi Raina by email or by telephone at (416) 972-1781 for consultation, without fee or obligation, to discuss your needs and requirements.