What happens to a seller's duty regarding title after closing?

After closing, a seller's duty regarding title is typically merged into the deed. This concept is known as the doctrine of merger, which occurs when the sales contract is superseded by the deed that conveys the property to the buyer. Once the transaction is completed, the commitments and representations contained in the purchase agreement, especially those related to title, are incorporated into the deed.

This means that the title-related obligations, such as ensuring the buyer receives clean, marketable title, are now reflected in the deed itself and are enforceable through it. If there were any issues related to the title, such as liens or encumbrances, these concerns are generally addressed at the closing, and the buyer must rely on the deed for their rights to the property afterward.

This merging of obligations makes it essential for both parties to conduct thorough due diligence prior to the closing, as post-closing title disputes would need to be resolved based on the deed rather than the original contract. Consequently, the seller’s title duties are fulfilled and incorporated into the deed once the transaction is finalized, leaving the buyer with the legal title to the property.