Title work has to start earlier when an off market deal carries a cloud before escrow opens
Here is a situation worth working through. An eight unit strip mall, 1.1 million purchase price, sourced off market, with a preliminary title pulled as part of due diligence prep. A typical first commercial buy is a clean fee simple, maybe a small easement to negotiate around. Suppose this one shows a mechanics lien from 2019. It also shows a boundary dispute that was never adjudicated. And it shows a deed of trust from a private lender in Nevada whose entity dissolved in 2021. The dissolved entity alone can take four to six months to clear if nobody can locate the successor in interest, and the contract carries a 45 day close window. Most people buying their first commercial property are worrying about the cap rate and the rent roll. The buyer in this scenario has to figure out which of three title clouds will kill the deal and in what order. The off market angle is what makes the headache worth absorbing. A seller who wants out fast and does not want the listing process tends to price in a way that leaves room to fund a quiet title action if it comes to that. Plenty of first time commercial buyers would have walked the building, liked the tenant mix, signed the contract, and found all of this at closing. So how would the room sequence the three clouds, and which one justifies walking?