Marketable title

Marketable title (real estate) is a title that a court of equity considers to be so free from defect that it will legally force its acceptance by a buyer.

For real estate practitioners, the most complete reference to title issues is found in the preprinted wording contained within an agreement/contract.

If you cannot produce a clear title of deed to the property then the prospective buyer should expect to lose in a specific performance action.

In the absence of an agreement to the contrary, there is an implied undertaking in the contract that the vendor (person selling the property) has a marketable title.

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