What is the difference between an affidavit of title and a title commitment?

An affidavit of title and a title commitment are both important documents in residential real estate law in California. Generally speaking, both documents are used to show that a buyer has the right to purchase a property. An affidavit of title is a document signed by the seller of the property that declares that the seller is the rightful owner of the property and has the legal authority to sell it. This document states that the seller holds title to the property without any liens, encumbrances, or claims against it. A title commitment, on the other hand, is a document issued by the title insurance company after their investigation of the title is complete. The title commitment outlines the results of the title search and lists any liens, encumbrances, or claims against the property. The title commitment also outlines the terms of the title insurance policy that is being issued in the event the title to the property is challenged. The affidavit of title is used to show that the seller has the legal right to sell the property, while the title commitment is used to show that the title to the property is clear and that the buyer will have the protection of title insurance in case of any disputes. Both documents are important to ensure that the title to the property is properly transferred between the buyer and the seller.

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