Q: My customer asked me to research his title. Is this a service I can or should provide?
A: As the determination and analysis of acceptable title is an extremely complex legal undertaking, real estate professionals should avoid giving their customers opinions on title. Section 475.25(j), Florida Statutes, provides that a real estate licensee can be subject to discipline (including a complete revocation of his or her license) for rendering an opinion that title to a property is good or merchantable, except when correctly based on a current opinion of a licensed attorney at law. Further, the licensees who do this may be disciplined if they’ve failed to advise prospective buyers to consult their attorney on the merchantability of the title or to obtain title insurance.