Question:
I purchased a land parcel. The seller gave me a copy of land title named after their parents and we had the Deed of Absolute Sale notarized. Now I am in the process of transferring the land title under my name. The seller agent preparing the title splitting, but still under the name of the original owner. Should I pay for the splitted title or not? They’re charging me a certain amount for it. Please help me clear my mind on this. What I know is that it is the seller’s obligation to prepare the land title for the land parcel.
Hope anyone can help me.
Answer:
The person selling off the property should first get the title transferred in his name from his parents’ name. If the parents are deceased, then the seller needs to file an affidavit of heirship at the county recorder’s office and get the property transferred in his/her name. If the parents are still alive, then they will have to transfer the property to the seller and then he/she can sell off the property to you. Typically, it is the seller’s obligation to prepare the land title for the land parcel.
Nevertheless, this is a legal issue and it will be wise for you to contact a real estate attorney that specializes in real estate or probate . The attorney will let you know whether or not the seller is doing the right thing.
