Top Mistakes to Avoid When Getting a Title Opinion

 When we buy a property, we invest our savings and trust. That’s why getting a title opinion is not just a formality it’s a must. Many people ignore or rush this step. They believe everything is fine if the seller has documents. But title opinion is where we truly find out if the property is legally clear.

Still, many buyers make common mistakes during this process. These mistakes can cause problems later like legal disputes or ownership issues. I’ve seen this happen to people who didn’t know better.




What is a Title Opinion?

To start off, let's summarize quickly. A title opinion is a legal document prepared by a property lawyer. It states whether the property contains a clear, marketable title. It is based on the lawyer’s study of the property documents and ownership history.

This document helps the buyer know if the property has any legal issues. It tells you if there’s any pending loan, dispute, missing link in ownership, or legal problem.

Why a Title Opinion is Important

  • It protects your money.

  • Make sure you are not buying a disputed or illegal property.

  • It helps you avoid court cases.

  • It gives you peace of mind.

Mistake 1: Skipping the Title Opinion

Some people think they can trust the builder or seller. They believe that registration is enough. This is the biggest mistake. Just because someone is selling the property doesn’t mean they have the right to sell.

Always get a title opinion before paying or signing any agreement. It is the first layer of legal safety.

Mistake 2: Choosing the Wrong Lawyer

Getting a title opinion from any random person doesn’t help. Many people go to a local agent or a non-property lawyer. That’s risky.

You must choose a qualified property lawyer—someone who knows real estate law and can study old property records properly. A title opinion is not just a rubber stamp; it needs careful legal study.

Mistake 3: Not Giving Complete Documents

At times, the buyer may not give every document to the lawyer. The buyer may have hidden prior sale deeds and encumbrance certificates; the buyer never gathered all of them from the seller Without all of the documents, a fully sufficient title opinion is not possible from the lawyer.

 And that leads to half-checked advice.

Always collect and share all property papers, even if you think some are old or useless.

Mistake 4: Not Checking for Government Approvals

If you are buying land or a flat in a layout or apartment, you must ensure all government approvals are in place. The title opinion should cover these details.

Missing approvals mean legal risks. Your lawyer should confirm that approvals like DTCP, CMDA, RERA, or Panchayat approvals are proper and genuine.

Mistake 5: Ignoring Encumbrance Check

The lawyer must check the Encumbrance Certificate (EC). It shows whether the property is free from loans or legal dues. If your title opinion doesn’t include an EC check, it's incomplete.

Mistake 6: Relying on Old Title Opinions

Some sellers show an old title opinion and ask the buyer to trust it. But you should always get a fresh title opinion from your own lawyer. Laws change. Ownership might have changed. A new check is always safer.

Mistake 7: Not Verifying Survey and Patta Details

Many land buyers ignore the importance of patta, survey number, and FMB sketch. These are very important to match with the title. If the survey number in the document doesn’t match the actual land, your ownership can be questioned.

Mistake 8: Not Reading the Opinion Properly

Sometimes, buyers get the opinion but don’t read or understand it. They blindly go ahead with the purchase. If the lawyer mentions any legal issue, doubt, or document missing, don’t ignore it.

Ask your lawyer to explain in simple language. Take action based on it. A good opinion is useful only when you understand and follow it.

Mistake 9: Not Asking for a Written Opinion

Verbal opinions don’t help in future. Always ask for a written title opinion with the lawyer’s signature and seal. This can help in legal disputes or while applying for loans.

Also, keep this document safe with other property papers.

Mistake 10: Rushing the Process

Buying a property is a big step. Don’t rush through legal steps just because you found a good deal. Title checking takes time. Give your lawyer proper time to review and prepare the opinion. A rushed title check can miss important issues.

Final Words from Experience

I’ve seen people buy properties in a hurry and face problems later. I’ve also seen people who took the legal title opinion advice seriously and never had an issue. So, I strongly say this a proper title opinion is not a waste of money or time. It’s your protection.

Don't go by someone's word. Trust the documents. And trust a good lawyer who can guide you.

This one step can save you years of regret and thousands in legal costs.

Key Takeaways

  • Title opinion is a must before buying any property.

  • Choose a real estate lawyer, not just any legal professional.

  • Provide all documents for complete checking.

  • Don’t ignore red flags in the title opinion.

  • Always take a written, signed copy.

  • Be patient. Don’t rush the process.

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