What Is an Opinion of Title?
An opinion of title is a formal written statement from a licensed attorney who has examined the public records and concluded whether the property's title is marketable. The attorney reviews the chain of title, identifies any encumbrances or defects, and provides their professional judgment on whether the title can be safely conveyed to a buyer.
An opinion of title is not the same as title insurance. The opinion is the attorney's assessment; title insurance is a policy that provides financial protection. If the attorney's opinion turns out to be wrong (a defect was missed), the buyer's recourse is a malpractice claim against the attorney. With title insurance, the buyer files a claim with the insurance company.
Florida Legal Context
In Florida, opinions of title were historically the primary method of verifying ownership before title insurance became standard practice. Today, most residential transactions rely on title insurance rather than standalone title opinions. However, opinions of title are still used in specific situations:
- Commercial transactions — Sophisticated buyers and their counsel may request a title opinion in addition to title insurance, particularly on complex multi-parcel or development deals.
- Lending — Some lenders, especially portfolio lenders and credit unions, accept a title opinion in lieu of title insurance on smaller loans.
- Litigation support — Attorneys prepare title opinions as part of quiet title actions, boundary disputes, and other real property litigation.
- Government and institutional buyers — Certain government agencies and institutional investors require a title opinion from outside counsel as part of their due diligence.
The attorney issuing the opinion must be licensed to practice in Florida and typically certifies that they have examined the records of the county where the property is located for a specified period (usually the most recent 30 years under Florida's Marketable Record Title Act).
What Does a Title Opinion Include?
A standard opinion of title includes:
- The legal description of the property
- The name of the current owner and how they hold title
- A list of all recorded encumbrances (mortgages, liens, easements, restrictions)
- The attorney's conclusion on whether the title is marketable
- Any qualifications or exceptions to the opinion
Related Terms
- Abstract of Title — The research document the attorney reviews to form the opinion
- Title Insurance — Financial protection that supplements or replaces the title opinion
- Marketable Title — The standard the attorney evaluates against
- Clear Title — The result when the attorney finds no material defects
- Title Search — The examination process underlying the opinion
Barnes Walker Title Opinions
Barnes Walker's real estate attorneys issue opinions of title for commercial transactions, lending institutions, and litigation matters throughout Southwest Florida. The firm's attorneys combine title examination expertise with in-house title company resources to provide thorough, defensible opinions. For questions about obtaining a title opinion, request a legal inquiry.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC