Can a Title Company Agreement be signed electronically?

Yes. Electronic signatures are valid under the ESIGN Act and UETA where adopted, provided the signing process demonstrates intent, consent, attribution, and reliable record retention.

Is notarization required for these agreements?

Notarization depends on the document and state recording rules. Deeds and certain conveyances generally require a notary; confirm county recorder and state prerequisites before closing.

What if a signer’s name does not match records?

Name mismatches can delay recording and insurance issuance. Obtain legal name evidence or corrective affidavits and, if needed, execute a corrective document before recording.

How long must the executed agreement be retained?

Retain original agreements for the transaction term plus at least three years, follow IRS and industry rules, and observe longer state or HIPAA retention requirements where applicable.

Can remote online notarization (RON) be used?

Many states permit permanent RON with identity proofing and audio-video recording retention; verify the state’s RON rules and county acceptance for recording.

Who should review the agreement before signing?

Have closing counsel, lender counsel, or an experienced escrow officer review terms to confirm disbursement instructions, endorsements, and liabilities are accurate and acceptable.

Electronic Signature
Templates
Miscellaneous
Title Company Agreement

Title Company Agreement

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TITLE COMPANY AGREEMENT

This Title Company Agreement (the Agreement) is made effective as of (Effective Date), by and between the parties identified below.

Parties

Title Company Name Title Company Address Primary Contact Client Name Client Address Client Primary Contact

Recitals

WHEREAS, Title Company is duly authorized and experienced in performing title examinations, issuing commitments and policies of title insurance, and providing escrow and closing services in connection with real property transactions; and

WHEREAS, Client desires Title Company to provide certain title, escrow and related settlement services in accordance with the terms of this Agreement; and

WHEREAS, the parties intend that Title Company perform the services described below for the compensation and upon the conditions set forth in this Agreement.

Scope of Work

Title Company shall perform the following services (collectively, the Services) in a professional manner consistent with industry standards: title searches and examinations; preparation and issuance of title commitments and policies; escrow account administration; coordination of closing and settlement activities; preparation of closing statements and disbursement of funds; recording of documents; and any ancillary tasks reasonably necessary to effectuate the transaction.

Detailed Scope (describe in detail any project-specific tasks)

Payment Terms

Client shall pay Title Company the fees and expenses set forth below. Fees are due in accordance with the schedule agreed by the parties. Client acknowledges that Title Company may require payment in advance for third-party disbursements, recording fees, taxes, and other out-of-pocket costs.

Contract Amount Payment Schedule Late Fee / Interest on Overdue Amounts

Term and Termination

This Agreement shall commence on the Effective Date and continue until the completion of the Services or until terminated in accordance with this Section.

Start Date:

End Date (if applicable):

Notice Period for Termination

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the notice period provided above. Termination shall not relieve Client of liability for fees and expenses incurred through the effective date of termination.

Confidentiality

Each party acknowledges that in the course of performance it may receive Confidential Information of the other party. "Confidential Information" includes nonpublic business, financial, title, escrow and client information but does not include information that: (i) is or becomes publicly known through no wrongful act of the receiving party; (ii) is rightfully received from a third party without breach of any obligation of confidentiality; or (iii) is independently developed by the receiving party without use of the disclosing party's Confidential Information.

The receiving party shall maintain the confidentiality of such information and shall not disclose it except to employees, agents or subcontractors who have a need to know and who are bound by confidentiality obligations no less protective than those in this Agreement. This obligation shall survive termination of this Agreement for a period of years.

Representations; Insurance; Indemnity

Each party represents that it has the authority to enter into this Agreement. Title Company shall maintain professional liability and fidelity insurance customary for title and escrow services. Title Company shall indemnify and hold Client harmless from third-party claims arising from Title Company's gross negligence or willful misconduct in the performance of the Services. Client shall indemnify Title Company for claims arising from Client's breach of this Agreement or the Client's fraudulent instructions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in such state for any disputes arising under this Agreement.

Entire Agreement

This Agreement, together with any attachments or written exhibits executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. No amendment or modification shall be binding unless in writing and signed by both parties.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement shall create a partnership, joint venture, or agency relationship except as expressly set forth herein. Notices shall be in writing and delivered to the addresses set forth above.

Title Company:

By:

Date:

Client:

By:

Date:

What a Title Company Agreement Is and When It Applies

A Title Company Agreement is a contract between a title company and one or more parties that sets out responsibilities, fees, escrow instructions, title search and insurance obligations, and closing procedures for a real estate transaction. It documents who will prepare title work, handle escrowed funds, order endorsements or cures for title defects, and disburse closing proceeds. The agreement typically attaches exhibits such as legal descriptions, lender requirements, and closing timelines. Parties use it to align expectations and reduce closing-day disputes while creating an auditable record of title-related duties.

Why this Agreement Matters for Smooth Closings

A clear Title Company Agreement allocates liability, defines escrow and insurance responsibilities, and documents timing for title searches and cure work. It reduces ambiguous handoffs, helps prevent last-minute funding delays, and preserves evidence of agreed terms should disputes arise.

Who Typically Prepares and Signs a Title Company Agreement

Ensure each party receives the executed agreement and that signers have authority to bind their organization to avoid later challenges.

Title companies and escrow officers who prepare the agreement and manage title searches and closings.
Buyers, sellers, and their closing attorneys who confirm obligations, escrow instructions, and required documents.
Lenders and brokers who specify insurance endorsements, payoff instructions, and funding contingencies.

Step-by-Step: Completing a Title Company Agreement

Follow these steps in order to prepare, confirm, and finalize the agreement before closing.

01

Draft: Title officer prepares the agreement and attaches exhibits.
02

Review: Parties and lenders review terms and request edits.
03

Sign: Authorized signers execute and date the agreement.
04

Distribute: Executed copies sent to all parties and recorded where required.

How the Agreement Fits Into the Closing Workflow

The Title Company Agreement integrates with title search, escrow, and insurance issuance in sequential handoffs.

Title Search: Title company completes search and reports exceptions.
Cure Work: Parties resolve defects or add endorsements.
Escrow Setup: Escrow account and wiring instructions are established.
Closing: Funds collected, documents executed, and recording arranged.

Digital Workflow Settings for Online Completion

Configure a consistent online workflow so each signer receives the right fields and authentication level.

Field	Configuration
Signer Order	Specify sequential or parallel signing
Authentication	Choose email, SMS code, or identity verification
Reminders	Enable automated reminders and expiration
Audit Trail	Capture IP, timestamp, and action log

Technical and Integration Considerations for eSigning

Ensure the chosen platform provides secure storage, an unalterable audit trail, and export options for the closing package.

Integrations: CRM and document storage integrations reduce manual uploads
File Types: Accept PDF and DOCX to preserve formatting
Authentication: Support SMS, KBA, and optional advanced ID checks

Key Deadlines and Timing Expectations

Track statutory and transaction-related deadlines to avoid penalties, recording delays, and funding issues.

Provide W-9 on Request:

Supply payee W-9 promptly to avoid backup withholding

1099-NEC Deadlines:

Issue recipient and IRS copies by Jan 31 annually

Closing Date:

Set a firm closing date and funding cutoff time

Recording Window:

Record deed and mortgage promptly after funding

RON Record Retention:

Retain audio-video per state RON rules where used

Notarization and Witness Process at Closing

Follow these steps to properly notarize and witness signing of real estate documents during closing.

01

Prepare Documents

Arrange pages and signature blocks before presenters arrive

02

Verify IDs

Notary checks government-issued ID for each signer

03

Witness Presence

Confirm witness count meets state requirements

04

Notary Acknowledgement

Notary completes acknowledgement or jurat as required

05

RON Session

If remote notarization used, record audio-video per state law

06

Notary Journal

Notary logs the session with signatures and details

07

Document Delivery

Return original originals for recording when required

08

Recording

Submit documents to county recorder for official record

Security, Encryption, and Compliance Basics

In Transit: TLS 1.2/1.3

At Rest: AES-256 encryption

Certifications: SOC 2 Type II, ISO 27001

HIPAA: BAA available where required

Audit Trail: Tamper-evident action logs

Access Controls: Role-based permissions and SSO

Penalties, Delays, and Risks from Errors

Recording Rejection: Requires corrective deed and re-recording

Funding Delay: Lender may refuse to fund without corrected documents

1099 Penalties: Failure to issue may trigger IRS fines

Title Defect: Undisclosed liens expose parties to loss

Fraud Exposure: Unauthorized signatures can void transactions

Reputational Harm: Delayed closings damage professional relationships

Common Preparation Mistakes to Avoid

Using abbreviated or informal names that differ from recorded deeds, causing recording office rejections and title mismatch delays.
Failing to attach lender-specific endorsements or payoff statements, which can prevent issuance of final title insurance policy.
Providing ambiguous escrow instructions or incomplete wiring details that lead to misapplied funds or last-minute holdbacks.
Not verifying signer authority for entities, which may require corporate resolutions or delay closing until authority is proven.

Real-World Examples of Title Company Agreement Use

These examples illustrate how organizations operationalize title agreements to streamline closings and mitigate risk.

Martin Properties (Founder)

Martin Properties standardized its agreement to include escrow wiring templates

This reduced wiring errors by clarifying payee fields
The result was fewer funding delays at closing and clearer reconciliation for the title team and lender.

Optica Ventures (COO)

Optica used an agreement template to centralize title searches and endorsements

The template required lender endorsement checklists
Adoption reduced last-minute title exceptions and improved consistency across multiple closings.

eSignature Platform Pricing and Feature Snapshot for Title Work

This comparison summarizes starting prices and common capabilities for eSignature platforms often used with Title Company Agreements; signNow is shown first.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About Title Company Agreements

Answers to common questions about execution, recordkeeping, notarization, and eSignature validity for title-related documents.

Need help? Contact support

Can a Title Company Agreement be signed electronically?
Yes. Electronic signatures are valid under the ESIGN Act and UETA where adopted, provided the signing process demonstrates intent, consent, attribution, and reliable record retention.
Is notarization required for these agreements?
Notarization depends on the document and state recording rules. Deeds and certain conveyances generally require a notary; confirm county recorder and state prerequisites before closing.
What if a signer’s name does not match records?
Name mismatches can delay recording and insurance issuance. Obtain legal name evidence or corrective affidavits and, if needed, execute a corrective document before recording.
How long must the executed agreement be retained?
Retain original agreements for the transaction term plus at least three years, follow IRS and industry rules, and observe longer state or HIPAA retention requirements where applicable.
Can remote online notarization (RON) be used?
Many states permit permanent RON with identity proofing and audio-video recording retention; verify the state’s RON rules and county acceptance for recording.
Who should review the agreement before signing?
Have closing counsel, lender counsel, or an experienced escrow officer review terms to confirm disbursement instructions, endorsements, and liabilities are accurate and acceptable.

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