In the fast-paced world of real estate, it’s easy to overlook small contract errors that can have major consequences on title. A single misstep in a purchase agreement, addendum, or closing document can create clouds on title, derail closings, or lead to expensive post-sale litigation. At Abstract Authority, we specialize in uncovering and resolving these issues before they become problems.
Inaccurate Legal Descriptions
One of the most frequent and serious contract errors is an incorrect or incomplete legal description of the property. This could include:
- Using an address instead of a legal lot/block or metes and bounds
- Referencing the wrong parcel number
- Omitting easements or partial lot splits
Why it matters: Title is legally tied to the legal description. If it’s wrong or vague, the deed may be unenforceable, or worse, convey the wrong property.
How Abstract Authority helps:
We cross-verify the legal description in your contract with county GIS data, assessor records, and prior recorded deeds to ensure precision and accuracy in every report.
Wrong or Missing Vesting Language
The contract should clearly state how the new buyer will hold title—this is known as vesting. Common vesting types include:
- Joint Tenancy with Right of Survivorship (JTWROS)
- Tenancy in Common
- Individual ownership
- Trust or LLC ownership
Why it matters:
Incorrect or omitted vesting can result in ownership disputes, incorrect title policy coverage, or problems passing title in future transactions or probate.
How Abstract Authority helps:
We review contracts and chain of title to flag inconsistencies and confirm whether vesting aligns with legal structure, entity names, and state-specific rules.
Contract Dates That Conflict with Recorded Documents
Purchase agreements should align with key timelines like:
- Effective date of the contract
- Closing date
- Possession or delivery of deed
Why it matters:
If there’s a recorded mortgage, lien release, or deed that conflicts with the contract timeline, it could signal unauthorized possession, legal exposure, or trigger delay clauses.
How Abstract Authority helps:
We match dates in your contract to recorded instruments to ensure nothing was signed or filed before legal authority was properly conveyed.
Misspelled or Mismatched Names
Typos in the names of buyers, sellers, or entities are incredibly common—and dangerous. Examples include:
- Misspelled last names
- Using nicknames or initials
- Using an outdated marital name
- Forgetting to specify trustees or corporate officers
Why it matters:
Any mismatch can cause rejection by the county recorder, title insurer, or mortgage underwriter. It can also create “clouds” if the grantor and grantee do not match perfectly across the deed chain.
How Abstract Authority helps:
We cross-reference all names in contracts, deeds, and public records, flagging discrepancies and advising clients on corrective documentation.
Skipping a Preliminary Title Review
Relying only on a title commitment at closing is risky. Many issues—including probate problems, prior lien releases, or missing deeds—are best caught before title insurance is issued.
Why it matters:
Title insurance protects you only after purchase—and may exclude known risks. A due diligence review before signing ensures your contract reflects clean, insurable title.
How Abstract Authority helps:
We provide pre-contract title reviews and ownership reports that identify red flags and legal risks before you’re locked into the deal. Our clients use this insight to negotiate smarter and close faster.