Thanks, John. In our part of Ohio, we don't use the same board of Realtor's contract. Ours states that the buyer is to pay for for the title policy. However, I would never use the standard contract from our board of Realtors.
Regarding the AfBA's... if the referrer is involved in an AfBA they cannot require the use of the AfBA. That would be a violation of RESPA. However, it is all too often ignored around here. I would never close at an AfBA shop, regardless.
I do agree with you on your interpretation of Section 9... for the reason I mentioned. If I am going to be on the hook for the warranties of title, I'm probably going to choose the title company. Or at least, I would want to agree on the selection with the buyer. I don't think it would be necessary to dictate exactly which one handles it, but I'd want to be sure it was one that I know of and trust.
Best,
Robert A. Franco
SOURCE OF TITLE
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