Is an electronic signature valid?

Yes. Electronic signatures are generally valid under ESIGN and UETA when the signer demonstrates intent, consents to electronic transactions, attribution is possible, and records are retained in a reproducible form.

When is notarization required?

Notarization depends on downstream recording or local practice; deeds and some acknowledgements require a notary in many states, so check county requirements before signing.

Can I correct errors after signing?

Minor clerical corrections require a signed amendment or re-execution; substantive changes usually need a new agreement signed by all parties to avoid disputes.

Who can rely on the title report?

The agreement should name which parties may rely on the report (buyer, lender, insurer); unnamed third parties typically have no reliance rights absent explicit language.

Is remote notarization acceptable?

Remote online notarization is permitted in many states but not all; confirm the notary’s authority in the applicable state before relying on a remote notarization.

How long should I keep signed copies?

Retain executed agreements and search reports for the life of the transaction plus several years—industry practice often recommends seven years for real estate files.

Electronic Signature
Templates
Legal
Title Search Agreement

Title Search Agreement

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Title Search Agreement

This Title Search Agreement ("Agreement") is made as of Order Date: by and between Client Name: , Entity Type: , with principal place of business at ("Client"), and Title Company: , Entity Type: , with principal place of business at ("Title Company"). Client and Title Company are referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Client desires a title search, examination of public records, and related work with respect to the real property commonly known as Property Address: , and legally described as set forth in Legal Description below; and

WHEREAS, Title Company is duly qualified and experienced to perform title searches and related services and represents that it has access to records and resources necessary to complete such work to industry standards; and

WHEREAS, the Parties desire to set forth the terms and conditions under which Title Company will perform the title search and deliver specified reports and instruments to Client.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. DEFINITIONS

1.1 "Effective Date" means the Order Date specified above. 1.2 "Title Search" means the search and examination of public records and other sources to determine matters affecting title to the Property, including liens, encumbrances, judgments, recorded documents, and other items specified in this Agreement. 1.3 "Report" means the written summary delivered by Title Company setting forth the results of the Title Search and any exceptions, encumbrances, or matters of record.

2. SCOPE OF SERVICES

2.1 Services. Title Company shall perform a search of public records for the Property and shall examine recorded instruments, tax records, judgments, liens, probate and bankruptcy filings, and other sources customarily reviewed in a standard title search for the county of County: . Title Company shall prepare and deliver to Client a written Report describing the matters of record and any recommended exceptions.

2.2 Deliverables. Title Company shall deliver the following to Client: (a) Title Search Report; (b) copies of recorded instruments relied upon in the Report; and (c) a list of outstanding liens and encumbrances. The Legal Description of the Property is set forth below.

Legal Description

3. FEES AND PAYMENT

3.1 Fees. Client shall pay Title Company a fee for the Services in the amount of $ plus any out-of-pocket expenses for document copies, recording fees, and certified copies. All amounts are in U.S. Dollars.

3.2 Payment Terms. Fees are due within Payment Days: days of invoicing. Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. Title Company may suspend deliveries for nonpayment after providing fifteen (15) days' written notice.

4. CLIENT OBLIGATIONS

4.1 Cooperation. Client shall promptly provide Title Company with complete and accurate information necessary to perform the Services, including effective legal description, prior title commitments (if any), property identifiers, and access to records when required.

4.2 Reliance. Client acknowledges that Title Company will rely upon the information and documents provided by Client and public records and that any inaccuracies in such materials may affect the completeness of the Report.

5. TITLE COMPANY WARRANTIES AND LIMITATIONS

5.1 Standard of Performance. Title Company warrants that it will perform the Services in a commercially reasonable manner, consistent with customary practices of title search professionals in the jurisdiction of the Property.

5.2 No Title Insurance. Unless expressly agreed in writing, the Report is not a title insurance commitment or policy and does not insure against loss. Title Company makes no warranty, express or implied, regarding insurability or marketability of title beyond the stated scope of the Report.

6. CONFIDENTIALITY

6.1 Confidential Information. Each Party agrees to hold in confidence all nonpublic information received from the other Party in connection with the Services and not to disclose such information except as required by law or as necessary to perform the Services. Confidential information does not include information that is or becomes publicly available through no breach of this Agreement.

7. ACCESS TO RECORDS; THIRD PARTIES

7.1 Third-Party Records. Title Company may obtain records from third-party repositories and government offices. Client authorizes Title Company to obtain copies of recorded instruments and other records on Client's behalf.

7.2 Reliance on Third Parties. Title Company will exercise reasonable care in selecting third-party sources but is not responsible for errors or omissions in public offices or third-party repositories beyond Title Company's reasonable control.

8. LIABILITY AND INDEMNIFICATION

8.1 Limitation of Liability. Except for willful misconduct or gross negligence, Title Company's liability for claims arising out of this Agreement shall be limited to direct damages and shall not exceed the fees actually paid by Client to Title Company under this Agreement for the Services giving rise to the claim. In no event shall Title Company be liable for special, incidental, consequential, or punitive damages.

8.2 Indemnification. Client shall indemnify, defend and hold harmless Title Company and its officers, directors, employees and agents from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Client's breach of this Agreement, negligent or willfully wrongful acts, or reliance on inaccurate or incomplete information provided by Client.

9. INSURANCE

Title Company shall maintain professional liability insurance and general liability insurance in amounts customary for its business. Upon request, Title Company will furnish certificates evidencing such insurance to Client; provided, however, the existence of insurance shall not limit Title Company's liability under this Agreement except as expressly provided herein.

10. TERM AND TERMINATION

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

10.2 Termination for Convenience. Either Party may terminate this Agreement for convenience upon fifteen (15) days' written notice to the other Party. In the event of termination, Client shall pay Title Company for Services performed and documented expenses incurred through the effective date of termination.

11. NOTICES

All notices under this Agreement shall be in writing and shall be delivered by hand, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses set forth below (or to such other address as either Party may designate by written notice).

Client Notice Contact Title Company Notice Contact

12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Governing State: without regard to its conflict of laws principles. The Parties consent to the exclusive jurisdiction of the state and federal courts located in that State for resolution of disputes arising under this Agreement.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral, related to the Title Search and Services.

14. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.

15. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment to this Agreement must be in writing and signed by both Parties. Failure to enforce any provision shall not constitute a waiver of that provision or any other provision. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

16. MISCELLANEOUS

16.1 Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party, except to a successor in interest in connection with a merger, acquisition or sale of substantially all of its assets. 16.2 Relationship of Parties. The Parties are independent contractors and nothing in this Agreement shall be construed to create an employer-employee, joint venture, or agency relationship except as expressly provided.

16.3 Record Retention. Title Company will retain copies of records consulted in connection with the Title Search consistent with its record retention policies and subject to applicable law. Upon request and payment of reasonable reproduction costs, Title Company will provide copies of records to Client.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date(s) set forth below.

Client

Printed Name:

By:

Date:

Title Company

Printed Name:

By:

Date:

What a Title Search Agreement Is and when it’s used

A Title Search Agreement is a written contract that authorizes a title company, attorney, or search provider to investigate public records and prepare a title report for a specific property. The agreement defines the property to be searched, the scope and depth of the search (including liens, encumbrances, judgments, easements, and recorded documents), the parties receiving the report, the fee arrangement, and any limits on liability or reliance. Parties commonly use this agreement during a real estate sale, refinance, closing, or title insurance application to document duties and reduce later disputes over search scope and findings.

Why a clear Title Search Agreement matters

A written agreement sets expectations about scope, timing, fees, and liability, reducing disputes and ensuring search results meet lender or insurer requirements. Clear terms help all parties rely on the report for closing, underwriting, or escrow decisions.

Who commonly prepares and signs a Title Search Agreement

Typical users include title companies, escrow agents, lenders, buyers, sellers, and real estate attorneys who need formal search results for a transaction or insurance.

Title companies and abstractors — prepare the search, list exceptions, and deliver the report to designated recipients.
Lenders and mortgage brokers — order searches to satisfy underwriting and ensure collateral is marketable.
Buyers, sellers, and their attorneys — use the agreement to document reliance, access to records, and dispute resolution procedures.

Identify which role you represent before completing the agreement so responsibilities and billing lines are assigned correctly.

Core elements to include in a professional Title Search Agreement

A complete agreement combines property identification, scope, delivery, fees, limitations, and signatures to make the search results legally usable by intended parties.

Property description

Full street address and legal description, including lot, block, subdivision, or recorded parcel identifier as recorded in county records.

Scope of search

Define timeframe and record types reviewed (e.g., deeds, mortgages, liens, judgments, tax records, UCC filings) and whether off-record or unindexed checks are included.

Deliverables

Specify report format, required certificates or affidavits, turnaround time, and whether an opinion of title or exception list is provided.

Fees and payment

State flat fee or hourly rate, who pays, invoicing terms, and any additional costs such as retrieval or courier fees.

Limitations

Include liability caps, limitation periods, disclaimers for unrecorded matters, and who may rely on the report for closing or insurance.

Signature blocks

Designate signatories, include printed names, titles, dates, and any witness or notarization clauses required by local practice.

Step-by-step: completing and executing a Title Search Agreement

Follow a consistent process to gather property data, confirm search scope, assign billing, and execute authorization before the search begins.

01

Gather property data: Collect address, legal description, and parcel ID.
02

Select search scope: Agree on timeframe and record types to include.
03

Assign payment terms: Confirm who pays and the fee structure.
04

Execute authorization: Obtain signatures, notarize if required, and send to the search provider.

Configure an online Title Search Agreement workflow

Set up fields, routing, and recipient permissions so the search provider can receive authorization and deliver results without manual handoffs.

Field	Configuration
Property Address field	Required text field with validation for city/state/ZIP
Parcel ID field	Optional text field; recommended for county-level searches
Search scope checkbox	Multi-select options for deeds, liens, tax, UCC
Delivery email	Required email field; supports multiple recipients

Where to send the executed agreement and how results are returned

Agreement routing should map to the search provider, lender, escrow, and any recipient who will rely on the report.

To the search provider: Upload executed agreement and contact details.
To lender or escrow: Send a reliance copy or certificate on request.
Delivery of report: Provider returns PDF report and exception list.
Record updates: Provider notes any recordings or cured defects.

Digital signing and eSubmission considerations

Use an eSignature platform that supports legally binding signatures, audit trails, and secure delivery when authorizing searches online.

Authentication options: Email, SMS code, or advanced methods
Audit trail: Timestamp, IP, and action history
Document formats: PDF and DOCX supported

Consequences of an incomplete or incorrect Title Search Agreement

Recording delays: Errors can cause rejections or delays at the county recorder

Insurance denial: Incomplete searches may affect title insurance availability

Liability exposure: Provider or authorizing party may face indemnity claims

Closing disruptions: Missing information can postpone settlement and increase costs

Chain-of-title gaps: Undiscovered liens or easements can impair marketability

Dispute escalation: Ambiguous scope increases the likelihood of contract disputes

Practical tips for accurate and efficient agreement completion

Apply consistent standards and templates so searches are prompt, auditable, and acceptable to lenders and insurers.

Use a standard template

A template reduces ambiguity, ensures required fields are present, and speeds approvals; include explicit scope and delivery terms.

Confirm parcel data

Validate addresses and parcel IDs with county records before ordering the search to avoid incorrect retrievals and extra fees.

Document who may rely

Specify which parties (lender, buyer, insurer) can rely on the report to prevent later reliance disputes and clarify liability.

Retain the audit trail

Preserve signed copies and digital audit logs to support reliance, underwriting, and any dispute resolution.

Security and compliance considerations for electronic Title Search Agreements

Encryption in transit: TLS 1.2/1.3

Encryption at rest: AES-256

Audit trail: Timestamped signature history

Legal compliance: ESIGN and UETA adherence

Healthcare support: HIPAA support with BAA

Certifications: SOC 2 Type II, ISO 27001

Real-world examples showing how Title Search Agreements are used

These brief examples illustrate common scenarios where a formal search agreement improved clarity and transaction flow.

Martin Properties

Local brokerage needed remote execution to close off-hours transactions quickly

Tim Martin emphasized online compliance and mobile signing
The firm processed complete search authorizations online, reduced in-person visits, and maintained required security and audit records for underwriting.

Optica Ventures LLC

Venture real estate buyer required standardized searches across multiple counties

The COO highlighted the interface simplicity for customers and staff
Using a consistent agreement template ensured uniform search scope, predictable fees, and clearer reliance terms across deals.

Comparing eSignature options commonly used to execute Title Search Agreements

Basic pricing and capability differences can affect cost and workflow; signNow is listed first for comparison across common vendor plans.

	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	Yes, 7-day trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	No cap	No cap	No cap

Frequently asked questions about Title Search Agreements

Answers to common questions on validation, notarization, corrections, and electronic execution to reduce confusion during preparation and signing.

Need help? Contact support

Is an electronic signature valid?
Yes. Electronic signatures are generally valid under ESIGN and UETA when the signer demonstrates intent, consents to electronic transactions, attribution is possible, and records are retained in a reproducible form.
When is notarization required?
Notarization depends on downstream recording or local practice; deeds and some acknowledgements require a notary in many states, so check county requirements before signing.
Can I correct errors after signing?
Minor clerical corrections require a signed amendment or re-execution; substantive changes usually need a new agreement signed by all parties to avoid disputes.
Who can rely on the title report?
The agreement should name which parties may rely on the report (buyer, lender, insurer); unnamed third parties typically have no reliance rights absent explicit language.
Is remote notarization acceptable?
Remote online notarization is permitted in many states but not all; confirm the notary’s authority in the applicable state before relying on a remote notarization.
How long should I keep signed copies?
Retain executed agreements and search reports for the life of the transaction plus several years—industry practice often recommends seven years for real estate files.

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