What happens if I can’t afford to clear title to the property?

A seller must be able to provide clear title to a buyer unless the parties agree otherwise, which is very rare. Sellers should confirm payout amounts on their mortgage(s) prior to even listing the property if they think that there may not be sufficient equity in the property to payout the mortgage(s). If the seller commits to selling the property and then discovers that the amount received will not payout the mortgage(s), the seller is obligated to bring in funds to close, or face being in breach of the agreement and liable for damages incurred by the buyer.

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