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Real estate glossaryNational exam concept

Marketable title

Marketable title is title reasonably free from substantial doubt, material defects, and probable litigation, such that a prudent purchaser would accept it under the contract.

Exam area: Transfer of Title

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What does “marketable title” mean in real estate?

Marketable title is title reasonably free from substantial doubt, material defects, and probable litigation, such that a prudent purchaser would accept it under the contract.

How is “marketable title” different from the closest wrong answer?

Marketable title is a legal quality of title. Insurable title is title a particular insurer is willing to cover, possibly with exceptions.

What is the Georgia-specific rule?

Georgia closing attorneys examine the public record and transaction documents to determine what must be cured for the contracted title standard.

Worked exam example

Scenario

An unreleased old security deed creates a substantial title question that must be canceled or otherwise resolved before the seller can deliver the promised title.

What is the most common exam trap?

Trap correction

Insurability does not automatically prove marketability if the policy simply excludes the known defect.

Original exam check

Apply the definition

A title search before a Georgia closing shows a 2009 security deed that was paid off but never canceled of record. The insurer offers a policy with an exception for it. The contract promises marketable title. What should happen?

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Recommended next complete lesson

Continue with Transfer of Title complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.