Title Objection Notice Clause Samples

A Title Objection Notice clause outlines the process by which a party, typically the buyer in a real estate transaction, can formally notify the seller of any objections or defects found in the property's title. This clause specifies the timeframe within which the buyer must review the title documents and submit written notice of any issues, such as liens, encumbrances, or ownership disputes. Its core function is to ensure that title problems are identified and addressed before closing, thereby protecting the buyer from inheriting unresolved title defects and facilitating a smoother transaction.
POPULAR SAMPLE Copied 4 times
Title Objection Notice. Buyer shall have the right to deliver to Seller, at least ten (10) business days prior to the expiration of the Due Diligence Period, written notice (the “Title Objection Notice”) of Buyer’s objections (an “Objectionable Matter”) to any matter disclosed by the Title Commitments and the Surveys. The parties agree that notwithstanding Paragraph 20, the Title Objection Notices only need to be delivered to ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇ otherwise in accordance with Paragraph 20. Buyer may provide separate Title Objection Notices for each separate Property, provided that all such Title Objection Notices must be delivered by the deadline specified above. Seller shall have five (5) business days after receipt of a Title Objection Notice to give Buyer written notice (i) of Seller’s intention to attempt to cure such Objectionable Matter prior to the Closing Date, or (ii) that Seller elects not to attempt to cause such Objectionable Matter to be cured; provided, however, Seller shall have no obligation to cure, or attempt to cure, any Objectionable Matter. If Seller fails to give Buyer notice pursuant to the prior sentence, or if Seller gives Buyer notice under clause (ii), Buyer shall have the right in its sole discretion either to waive in writing all Objectionable Matters that Seller has not elected to attempt to cure and proceed with the Transactions pursuant to this Agreement, or terminate this Agreement pursuant to Paragraph 3(f). If Buyer shall fail to give Seller written notice of Buyer’s election to terminate this Agreement pursuant to the preceding sentence, prior to the expiration of the Due Diligence Period, then Buyer shall be conclusively deemed to have waived all Objectionable Matters that Seller has not elected to attempt to cure and to have waived any right to terminate this Agreement pursuant to this Paragraph 3(c) as a result thereof. If Seller shall give written notice pursuant to clause (i), above, with respect to an Objectionable Matter and this Agreement is not otherwise terminated pursuant to the terms hereof, the Closing shall be extended up to, but not in excess of, five (5) days during which period Seller may attempt to satisfy or remove the Objectionable Matter(s); provided, however, that if Seller satisfies or removes all Objectionable Matters that Seller has elected to attempt to cure, the Closing shall occur within five (5) business days thereafter (but no earlier than the scheduled Closing Date under Paragraph 5(a) of this Agre...
View SourceView Similar (4)
Title Objection Notice. On or before the Due Diligence Expiration Date, Buyer may give to Seller written notice (the “Title Objection Notice”) of any Title Encumbrance which is not acceptable to Buyer as a Permitted Encumbrance on the title to the Property (the “Title Objection”). Any Title Encumbrance affecting the Property not objected to in the Title Objection Notice from Buyer to Seller shall be deemed to be approved or waived by Buyer and shall be a Permitted Encumbrance. If Buyer fails to provide a Title Objection Notice timely to Seller, then Buyer’s right to object on account of title shall be deemed waived, and all Title Encumbrances shall be Permitted Encumbrances.
View SourceView Similar (4)
Title Objection Notice. 10 4.5 Election of Non-Removal............................ 10 4.6 Non-Removal by Seller.............................. 11 4.7
View Source
Title Objection Notice. As defined in Section 5.1.
View Source
Title Objection Notice. Purchaser shall have until the expiration of the forty-fifth (45th) day following the Effective Date in which to examine title to the Property, obtain a title insurance commitment, and to give Seller written notice of title exceptions, WITH TIME BEING OF THE ESSENCE (the “Title Objection Notice”), that render Seller’s title less than good and marketable fee simple title (including, without limitation, any such exceptions revealed by the “Survey” of the Property procured in accordance with Section 3.9 below) (“Objectionable Title Exceptions”). Seller shall have ten (10) days after delivery of the Title Objection Notice and Title Commitment to notify Purchaser in writing of any Objectionable Title Exceptions that Seller shall refuse or be unable to cure prior to Closing (“Seller’s Cure Notice”). Notwithstanding the foregoing, Seller shall be obligated to eliminate any deeds of trust, mortgages, judgment liens, mechanics’ liens, materialmen’s liens and other liens placed on or against the Property that may be satisfied by the payment of a sum certain (“Monetary Encumbrances”), which such Monetary Encumbrances may be satisfied by Seller in connection with the Closing.
View Source
Title Objection Notice. 4.4.1 Except as provided in Section 5.4, in the event that Purchaser disapproves any items identified as exceptions in the Preliminary Title Report or the ALTA Title Report (in the event that the Title Company has issued an ALTA Title Report prior to the conclusion of the Due Diligence Period) or in any Supplemental Report (collectively, the "LISTED EXCEPTIONS"), Purchaser shall give written notice of disapproval to Seller ("TITLE OBJECTION NOTICE"). The Title Objection Notice shall be delivered by Purchaser, if at all, not later than: (a) the conclusion of the Due Diligence Period, with respect to the Preliminary Title Report or ALTA Title Report; or (b) five (5) business days following Purchaser's receipt of the Supplemental Report, with respect to any Supplemental Report. 4.4.2 Purchaser shall be deemed to have approved all Listed Exceptions which are not listed as disapproved by Purchaser in a Title Objection Notice timely delivered by Purchaser to Seller in accordance with Section 4.4.1; provided that: (a) Seller, at its sole cost and expense, shall be required to remove all deeds of trust, mortgages, and assignments of rents and other monetary encumbrances (collectively, the "SELLER MORTGAGES") at or prior to Closing and (b) the Seller Mortgages are automatically deemed to be Objectionable Exceptions and are not required to be listed by Purchaser in the Title Objection Notice. 4.4.3 Except as provided in Section 4.5, in the event that Purchaser timely delivers a Title Objection Notice, Seller shall remove at or prior to the Closing (as hereinafter defined), at Seller's sole cost and expense, all Listed Exceptions which are listed as disapproved by Purchaser in the Title Objection Notice and the Seller Mortgages.
View Source
Title Objection Notice. Purchaser notified Seller in writing (the “Title Objection Notice”) on May 31, 2019 (the expiration date of Purchaser’s “Title Review Period”) as to which matters within the Title Commitment and which survey matters disclosed on the Updated Survey are not acceptable to Purchaser (individually, a “Disapproved Title Matter”). Any matter within the Title Commitment and the Updated Survey that Purchaser failed to so disapprove in the Title Objection Notice shall be conclusively deemed to have been approved by Purchaser and shall constitute a “Permitted Exception.” Seller notified Purchaser in writing on June 7, 2019, as supplemented by written notice to Purchaser on June 14, 2019 (collectively, the “Title Response Notice”) regarding whether Seller either (i) agreed to remove each such Disapproved Title Matter from title to the Real Property on or before the Closing, or (ii) declined to remove such Disapproved Title Matter from title to the Real Property. If Seller failed to timely deliver a Title Response Notice as to a particular Disapproved Title Matter, then Seller shall be deemed to have made the election in clause (ii) above as to such Disapproved Title Matter.
View Source
Title Objection Notice. Prior to the Effective Date, Buyer has delivered to Seller a copy of each of the Title Commitments issued by the Title Company identified as Commitment File Numbers: NCS-1032578-01-ATL; NCS-1032578-02-ATL; NCS-1032578-03- ATL; NCS-1032578-04-ATL; and NCS-1034431A-ATL. Buyer shall have the right, on or before January 29, 2021 with respect to Parcel B and February 1, 2021 with respect to the Land and Parcel A, to notify Seller in writing (each notice, a “Title Objection Notice”) of any objection (“Objection”) to any matter disclosed on the Title Commitment, such term will also include objections to matters revealed by the Survey and any exception reported in the Title Commitment. The following matters shall be deemed “Permitted Exceptions” (i) matters created by or with the express written consent of Buyer, (ii) non-delinquent liens for real estate taxes and assessments, and (iii) matters approved by Buyer in writing or deemed approved by Buyer in accordance with this Agreement. Notwithstanding the expiration of the foregoing periods, or the scheduled Closing Date, Buyer shall have an additional 10 Business Days following its receipt of any updates to the Survey or the Title Commitments and legible copies of all documents referenced therein to review and notify Seller of Buyer’s Objections thereto, and the Closing Date shall be extended, if necessary, until the expiration of such 10 Business Day period.
View Source

Related to Title Objection Notice

  • Title Objections In the event Buyer’s Title Binder, as updated to closing, or Buyer’s Survey identifies any title exceptions or defects in title of which Buyer does not approve or which render title unmarketable or which unreasonably interferes with Buyer’s intended use of the Property (“Title Objections”), Buyer shall notify Seller (the “Title Report Objection Notice”) and Seller shall elect by written notice to Buyer (“Seller’s Disposition Notice”) within five (5) business days of a Title Report Objection Notice whether to correct such defects prior to Closing. If Seller fails to deliver the Seller’s Disposition Notice to Buyer within five (5) business days of receipt a Title Report Objection Notice, Seller shall be deemed to have objected affirmatively to all matters set forth in the Title Report Objection Notice and the same shall constitute Seller’s refusal to correct, on or before the date of Closing, all title matters to which Buyer objected in the Title Report Objection Notice, subject to Seller’s obligation to cure certain exceptions pursuant to this Section 6.2. In the event Seller cannot correct such defects by Closing or chooses not to correct such defects subject to Seller’s obligation to cure certain exceptions pursuant to this Section 6.2, then Buyer may accept title as is without abatement or reduction of Purchase Price or Buyer may cancel this Agreement upon notice to Seller and receive a full refund of the Deposit. Upon delivery of Buyer’s notice canceling this Agreement, this Agreement shall thereupon be deemed canceled and become void and of no further effect, and neither party shall have any obligations of any nature to the other hereunder or by reason hereof, except for those provisions herein which by their terms expressly survive. Seller shall not be required to take or bring any action or proceeding or any other steps to remove any defect in or objection to title or to fulfill any condition or to expend any moneys therefor, nor shall Buyer have any right of action against Seller therefor, at law or in equity, provided, however, that, notwithstanding anything to the contrary contained herein, Seller shall remove or cause to be removed of record (i) the lien of any mortgage, security agreement, financing statement or any other instrument which evidences or secures indebtedness and affects the Property and (ii) any other liens or encumbrances against the Property, including without limitation mechanics liens, which were not caused by the acts or omissions of Buyer, its agents, contractors or representatives and which can be cured by the payment of money in liquidated amounts.

  • CAFA Notice Pursuant to 28 U.S.C. § 1715, not later than ten (10) days after the Agreement is filed with the Court, the Settlement Administrator shall cause to be served upon the Attorneys General of each U.S. State in which Settlement Class members reside, the Attorney General of the United States, and other required government officials, notice of the proposed settlement as required by law, subject to Paragraph 5.1 below.

  • Notice to Purchaser DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.

  • Termination Notice If either Party, having become entitled to do so, decides to terminate this Agreement pursuant to the preceding Clause 8.2 (a) (i) or 8.2 (a) (ii), it shall issue Termination Notice setting out: (i) in sufficient detail the underlying Force Majeure Event; (ii) the Termination Date which shall be a date occurring not earlier than 60 (sixty) days from the date of Termination Notice; (iii) the estimated Termination Payment including the details of computation thereof and; (iv) any other relevant information.

  • NOTICE TO BUYER Do not sign this agreement before you read it or if it contains any blank spaces. This is a legal instrument. All pages of this contract are binding. Read both sides of all pages before signing. You are entitled to an exact copy of the agreement, school catalog, and any other papers you may sign, and are required to sign a statement acknowledging receipt of those.