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When buying or selling a property, understanding the type of title guarantee involved is important. In England and Wales, there are two main types of title guarantees: full title guarantee and limited title guarantee. Here’s a quick breakdown of what each one means and how they affect your property transaction.

Full Title Guarantee:

A full title guarantee means the seller promises that they have the legal right to sell the property and that there are no hidden liabilities or claims from third parties against the property. This type of guarantee offers the highest level of protection for the buyer, as the seller is responsible for any issues with the title, even if they were not aware of them at the time of sale. This is typically the case when the seller is the legal owner of the property.

Limited Title Guarantee:

On the other hand, a limited title guarantee means the seller only guarantees that they haven’t done anything to negatively affect the title during their ownership. This excludes actions from previous owners. The seller’s liability is confined to what’s explicitly stated in the contract. This guarantee offers less protection for the buyer compared to a full title guarantee and is typically used when an Executor or Personal Representative is selling or transferring the property instead of the legal owner or when selling a repossessed property.

Which One Is Right for You?

When buying a property, it’s important to know whether you’ll receive a full or limited title guarantee. A full title guarantee offers greater protection, while a limited title guarantee limits the seller’s responsibility. Always review your contract carefully and consider seeking legal advice to ensure your interests are protected.

If you have questions about title guarantees or need guidance on your property transaction, our team of experts are here to help!


About the Author Carissa Willetts 

Carissa is coming to the end of her Solicitor Training within our Commercial Conveyancing team and is is being guided by Director and Head of Commercial Conveyancing, Jonathan Walker.

T:   01922 639 080

@:  cw@walkersolicitors.com




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