Eric Feichthaler

Dear Mr. Feichthaler,

I recently hired a real estate agent and they found a buyer fairly quickly. I read your column every week, so I told my Realtor that I wanted the title work to be done by your firm or by a local title company I have worked with before. My agent told me that his broker requires the title work to be done by a different title company (one I have never heard of). Does my broker or agent get to decide, or can I make the choice? Why would they be so aggressive in going somewhere I have never gone before for title work?

— Jada M.

Dear Jada,

Most questions I receive lead to the contract as the first stop in review, and your issue is no exception.  The typical Lee County purchase and sale agreement provides that the Seller (in this case, you) pays for the title search, Owner’s title policy, and closing fees. It also provides that you, as Seller, choose who handles the title work and closing. Your broker or agent can provide you suggestions where you should close the transaction, but it is ultimately your decision.

There are many reasons why your agent may have been assertive about where the closing would take place. Many Realtors have a familiarity and comfort level with a law firm or title company that handles their title work, and may feel they will serve your interests well. However, some Realtors also have an ownership interest in the title company they are referring you to (they are not permitted to own part of a law firm). When they do have that ownership interest, they are required to disclose this potential conflict of interest to you. 

As with any professional service company, check to see how long they have been around, reputation in the community and check for lawsuits filed against them. Your Realtor may have a great reason to recommend a firm or title company, I would definitely seek more information. Selling your property is among the largest financial decisions you will make, take a moment to ensure it will be done correctly and professionally. Choose the firm or title company you feel will do the work best. It is 100% your decision.

Eric P. Feichthaler has lived in Cape Coral for over 30 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 18 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.