I often get calls from home buyers from other States that require lawyers to close real estate transactions. In Arizona we do not necessarily need lawyers to close real estate deals as long as a licensed broker and title/escrow company is used. A title commitment is issued shortly after opening of escrow. Then, the fun starts.
In a title commitment, the title insurance company agrees to issue a title insurance policy effective at close of escrow based on the representations in the title commitment. In short, if the title commitment shows no easements over your property, the title insurance company will be required to issue a title insurance policy, which will show no easements. A title insurance policy grants coverage against past problems – like an old mortgage showing up at the search.
What is strange under Arizona law- the title-insurance company has no liability for a negligent title commitment. For example, if the transaction does not close, no one can rely on the title commitment, even if the title commitment negligently failed to disclose an easement or other “cloud on title.” Similarly, if an individual pays a few hundred dollars to a title insurance company for a title “search” on a home or other real property, the title insurance company will deliver a title commitment. The title-insurance company, however, will again have no liability if this title commitment negligently fails to disclose an easement or other “cloud on title.” The long and the short is that you should at least speak with a real estate lawyer if there are any doubts.
Bill Miller can be reached at 602.319.6899 and his office is conveniently located at 8170 North 86th Place suite in Scottsdale, Arizona 85258 for further questions about Title Insurance and Real Estate transactions.

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