Title Commitment: Can You Use Your Home the Way You Plan?

Title Commitment: Can You Use Your Home the Way You Plan?

Realty Texas wants you to understand restrictions or legal issues affecting your plans to rent out your home, work from home, park a boat or RV, or make improvements.

What Is a Title Commitment?

A title commitment is the insurer's promise to issue title insurance if its conditions are met. It explains coverage, exceptions and required steps. It is not the insurance policy itself.

Checking the Paperwork

This is a review of the property's legal paperwork. A home inspector checks the roof, plumbing and other physical conditions. A title review asks: What does the deed say? What does the property survey show? What do the recorded restrictions and HOA documents allow?

An easement may let a utility company or someone else use part of your land. A property survey (survey plat) is a drawing by a land surveyor showing boundaries and improvements. It may show a fence off the property line or a neighbor's garage extending onto your land.

Discuss your plans with your agent before signing so important uses can be listed in the Objections paragraph. Objection and termination rights depend on your contract's requirements and deadlines. Check zoning and HOA rules, too; title insurance does not guarantee that your planned use is allowed.

How Does This Protect You?

You get information before buying and insurance protection after closing. The deed, survey, restrictions and HOA documents reveal rules or legal issues affecting your plans. The commitment shows coverage and exceptions.

If someone later claims ownership because of an old deed, forgery or inheritance issue, your owner's policy can provide a legal defense and pay covered losses under its terms and limits. It does not guarantee that you will win or keep the property. It also does not remove HOA rules, deed restrictions or easements. Not every claim or expense is covered. Report claims promptly and get the insurer's approval before hiring your own lawyer or settling.

When Should You Receive the Documents?

The Commitment paragraph sets the delivery deadline. Many TREC contracts require the seller to provide the commitment and supporting Exception Documents within 20 days after the title company receives your contract. These include restrictions and documents behind listed exceptions, excluding standard printed exceptions. Your contract says who pays for copies.

The seller authorizes delivery to your address in the contract. Verify your mailing address, email and phone number. Check your inbox and spam folder. Request missing or unreadable documents. For additional HOA or condominium documents, check the applicable paragraph or addendum.

Where the contract provides this extension, late delivery automatically extends the deadline up to 15 additional days or until 3 days before the Closing Date, whichever is earlier. If delivery misses the applicable deadline, check that paragraph for your right to terminate and receive your earnest money back.

How Long Do You Have to Review Them?

Look for your review deadline in the Objections paragraph. Negotiate more time in your offer if needed. Read the Objections paragraph for which documents start your review period and whether the Closing Date cuts it short. You do not automatically get 20 days to review. Ask your agent to track your deadline.

Who Can Help?

For questions about the documents, coverage or policy limits, speak with the title examiner, closer, or an attorney familiar with title insurance. Your Texas real estate attorney can advise on restrictions, objections and termination rights.