option agreement & title issues

General Real Estate Investing
1

Hey guys,

I’m trying to get a straight option on a house and trying to get the seller to sign the option agreement. However, his attorney advised him not to sign it because he feels there’s a risk that it will cloud the title and prevent him from getting title insurance and selling the property should I go down to the courthouse and record the agreement. Is this a valid concern for him to have? And if so, how would you recommend I counteract this objection?

Thanks
Darius

2

yes, its a valid concern because unless you give a release from the option he can not convey an unemcumbered title.

if you die or disappear, it could cost him time and money to be able to proceed another potential buyer.

3

ahhh ok. So I guess the only way for me to make it work is to convince him that I won’t record the agreement then huh?