FSBO Minnesota

Title search in the Minnesota FSBO sale

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The Minnesota purchase agreement requires that the seller must provide the buyer with either:

1. An abstract of title, certified to date, if your house is an abstract property. The seller may provide an owner's policy of title insurance instead, although this is usually more expensive. If the lender is obtaining title insurance the seller may obtain a simutaneously issued owner's policy, which is cheaper.

                              OR

2. If your house is a Torrens or registered property you only need to give the buyer the number of your certificate of title.

As mentioned above, the buyers mortgage company will usually do the title search. If the buyer in your FSBO sale is not using a mortgage company he will need to have the search done by a real estate attorney or other qualified agency. Minnesota law states that the title search must be done by a licensed attorney.

A title search in Minnesota must go back 40 years. If the property has had only one or two owners in this time and there are no leins on the property or other encumberances the process will of course be made easier. You may do your buyer a favor by informing him if this is the case which will allow him to negotiate a lower fee for this service.

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