In North Dakota, who is responsible for conducting a title search?

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In North Dakota, the responsibility for conducting a title search primarily falls to the buyer's attorney or closing agent. This is because it is crucial for the buyer to ensure that the property being purchased is free of liens, claims, or any other issues that could affect ownership. The title search involves reviewing public records and other documents to confirm the legal ownership of the property and to identify any encumbrances that may exist.

The buyer's attorney or closing agent is typically skilled in performing these searches and can interpret the findings appropriately, ensuring that the buyer is well-informed before completing the transaction. This function protects the buyer's interests by providing clarity and assurance regarding the title's validity and any potential title defects.

Other participants in the transaction, such as the seller's real estate agent or the local government, do not have the same obligation to perform the title search, as their roles are more focused on facilitating the sale from the seller's side rather than ensuring the buyer's legal protections. The buyer conducting the search personally may not have the necessary expertise to perform this task effectively, which is why relying on a professional is the standard practice.

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