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Should I accept a non-cashiers check from the title company when selling a home?

Spring, TX |

Put in a different way - shouldn't I be getting a cashiers check during closing of the sale of my house? I am nervous to accept just "any" check! Thank you!!

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Attorney answers 1


If the title company is reputable, the title company's check should be good. Do your research on the title company. If you are worried, you can ask for a wire transfer. But the title company would not wire transfer the money until after you signed the closing documents for the sale. So, you would still be having to trust the title company to be reputable.

Review your contract of sale. If the contract requires the buyer to pay good funds, and for whatever reason you do not receive good funds, then the buyer is in breach of contract. You may wish to retain a vendor's lien on your sale of the property. That way, if for any reason you do not receive full payment, you can exercise your vendor's lien rights. But, for you to create a vendor's lien, you will have to retain an attorney to create one for you. The cost of such preparation may well exceed the risk of the title company's check being bad.

By the way, a cashier's check is not an absolute assurance of payment. Cashier's checks sometimes bounce, and can be stop paid.

Good luck.