Debbie I've never run across this in 28 years.  Like Candice I would want a very STRONG hold harmless in place and I wouldn't make a move until I discussed with our attorney.

I guess that's all you CAN do, if all the parties agree and your broker is OK with it. I would want a VERY strong 'hold harmless and indemnify' clause drafted by an attorney, if we encountered that -- which fortunately, we have not.

I would leave that task to the attorney at settlement. Clients do not always follow our recommendations.

I would probably not get involved with the sale. I would suggest they talk to an attorney first.

In a cash deal, gett a waiver. All others require title insurance!

I don't believe here we could cllose without it...it is part of the transaction and the Seller understands the cost when the lsiting is signed.

Good morning Debbie. I don't recall a time that someone didn't pay for title insurance. If that was the case, get documentation.

To tell you the truth, I never had to wave a title insurance. Probably with our housing prices~ it is too risky decision. 

This is not something in my area of expertise and therefore, would not be involved.   Title insurance is discussed with a Mortgage Broker not a Realtor.

I would certainly get a signed waiver. I also get a signed waiver when the buyer doesn't want to do an inspection. 

There is a place to check on the contract saying you opted out and understand the ramifications.

Our custom in Florida is the party selecting the closing company pays title. If a lender is involved, there is no choice; there must be title insurance

I would let the Attorney take care of it at closing and would make sure that all concerned including my Broker were aware of the situation. 

Not many lenders will allow this foolishness.

Debbie - I have never had this issue come up.

Debbie Reynolds in MA, lender's title insurance is mandatory and buyers pay for it.

The owner's title insurance is optional. Buyers may wish to buy it!

That's up to the title company. I had one buyer that just didn't want title insurance. That's his choice and a risk he chose to take. Agents have nothing to do with that. If a title search was done, and there were no issues, there shouldn't be a problem. But if a mortgage is involved, lender will usually require lender coverage. I am not licensed to sell insurance so I wouldn't ask for or need any waiver signed.

I thought title insurance was mandatory.

I've never had this situation occur.   Title insurance is a part of every transaction I've ever been involved.   

Title insurance is between the title company and the purchaser of the insurance policy - buyer or seller. I'd ask them to take care of any waivers.

Owners title insurance isn't required in my jurisdiction, most people don't realize it's optional and don't bother to ask questions or research why they might need it. I always direct buyer clients to several resources and advise them to research before choosing. The profit margin on those policies is about 80%, if my client chooses to purchase, I advise them to ask for a substantial discount. It's worked every time.

I have not experienced this, and would definitely recommend having a conversation with an attorney.

Debbie Reynolds Buyer's title insurance is optional. I've only had one client who turned it down. It was brought up again at the settlement table by the attorney. They still turned it down. The attorney did not ask them to sign a waiver.

Just sign the waiver.

Initial here, here, here and here.

If they are paying cash and do not want title insurance and or a survey I will have them sign a disclosure that they refused.

In 7 years of real estate I've never experienced this.  

In NC and SC, the seller does not pay for title insurance. It's a buyer obligation per the contract language. If financing, the lender will require title insurance for their portion. The remaining portion for the buyer is typically a small amount and our attorneys simply add it on... have never had a client challenge the cost once they understand what it's for.  Actually, these days I have more and more clients opting to pay more for coverage of an enhanced policy. (But if they suddenly said no, I'd certainly have them sign a waiver for their portion.)

 Good Monday morning Debbie. Hold harmless agreement would be your best option.

If no one wanted it, absolutely.  That is not going to fall on me...

Any time something is refused, a signed waiver is the way to go.

In our area never had one seller who will not pay.....

I've never heard of this.  I don't even think it's come up as to why the policy is even needed.  I know the home protection plan does.

I definitely would not pay for it.  Waivers are good but make sure it's vetted by a lawyer.  You don't want anything to come back to bite you later.

In Oklahoma our contracts are typically written for the seller to do abstract udating (yes we still have paper abstracts, as well as attorneys fees, and gap check. The buyer pays for title insurance. 99 times out of 100 that is how it happens.

I've never had this happen. I'm not sure what I would do frankly....definitely get a waiver signed but if there was room, I'd probably pay for it myself. 

now....granted title insurance has so many "outs" and has very low limits.. but i wouldnt want to be involved in a escrow without them,,, even with all the waivers signed.