What can I do if a title search provider fails to deliver a complete report? – North Carolina

Short Answer

Under North Carolina real estate law, when a title search or abstract is incomplete or does not match the agreed scope, the starting point is the service contract and what was ordered. The client can insist on correction or completion, negotiate revised fees and timing, and, if needed, escalate with written demand, complaints, or legal claims such as breach of contract or negligence. Before any closing, a North Carolina attorney must review and certify title, so the incomplete search must be resolved or replaced before relying on it.

Understanding the Problem

The question here is: what can a North Carolina real estate client do when a title search provider returns a report that is missing part of the property, then delays responding or completing the work? In this scenario, the order was for a title search on a property, but the report did not include records for a second parcel, and the provider has been slow to follow up, saying it must confirm pricing and timing. The issue sits at the intersection of contract expectations, real estate closing timelines, and the duty to have a North Carolina attorney supervise and certify title before a transaction. The focus is on practical and legal options to get a complete, usable title report or address the provider’s failure.

Apply the Law

Under North Carolina law, a title search or abstract is a contractual service tied closely to the attorney’s duty to examine and certify title for a real estate transaction. The contract (written order form, email, or engagement terms) defines what parcels, time periods, and records the provider must search. If the provider does not deliver what was agreed, the situation may involve breach of contract, negligence in performing the search, or unfair practices if the conduct is deceptive or substantially injures the client. Any report is only one tool in the closing; a North Carolina attorney must still review the chain of title, legal descriptions, and recorded documents before giving a title opinion.

Key Requirements

Clear scope of search: The parties must have a reasonably definite agreement on what property (including all parcels), time period, and records the title search will cover.
Reasonable care and completeness: The title search provider must exercise reasonable care to search the agreed records and identify recorded interests affecting the described property.
Timely performance and communication: The provider must act within the agreed or a reasonable time and communicate clearly about any additional cost or work needed to complete the scope.

What the Statutes Say

N.C. Gen. Stat. § 10B-134.25 (Real estate transactions and attorney supervision) – confirms that North Carolina law and State Bar rules require a North Carolina attorney to supervise residential real estate closings and perform legal services related to title.
N.C. Gen. Stat. § 75-1.1 (Unfair and deceptive trade practices) – broadly prohibits unfair or deceptive acts in commerce, which can include some serious misrepresentations or abuses in real estate services.

Analysis

Apply the Rule to the Facts: In the described situation, the client ordered a title search that should have covered the full property, but the report lacked records for a second parcel. That suggests a possible mismatch between the order scope and the work performed. The provider’s statement that it must confirm pricing to search the additional parcel may be reasonable only if the original order clearly covered a single parcel and the second parcel is truly outside that scope. The lack of prompt response to follow-up emails can create a performance and communication problem if delay jeopardizes a closing date or financing commitment.

Process & Timing

Who files: The client, often through the North Carolina closing attorney. Where: Start with written demand to the title search provider’s business address or designated customer service contact. What: A detailed letter or email that attaches the original order, identifies the missing parcel, states the expected scope, and requests completion or correction, with a clear response deadline. When: As soon as the omission is discovered, especially if there is a planned closing date.
If the provider does not resolve the problem, the next step is for the closing attorney to obtain a complete title search from another provider or perform in‑house research, then preserve all communications and invoices. Depending on the impact, the client or attorney may send a follow‑up demand letter reserving rights to recover any additional cost or damages caused by delay. Timeframes here often track the closing schedule; many issues must be resolved within days or a few weeks.
If the financial or timing harm is significant, the final step may be to pursue formal remedies, such as a claim for breach of contract or negligence in North Carolina district or superior court, or a complaint under the unfair trade practices statute where the conduct is deceptive or egregious. The expected outcome is either a negotiated resolution (corrected report or refund/discount) or, in contested cases, a court order awarding appropriate relief.

Exceptions & Pitfalls

If the original order mentioned only one parcel number or legal description, the provider may not be obligated to include a second parcel without a revised fee, so clarifying the written scope is critical before assuming a breach.
Some providers use standard terms limiting liability or requiring notice of errors within a short period; failing to review and follow those notice requirements can weaken later claims.
Relying solely on a vendor’s search without attorney review can be risky; North Carolina requires an attorney to examine the title, so skipping or rushing that review can lead to undetected defects.
Delays in addressing an incomplete search can jeopardize contract deadlines in purchase agreements or loan commitments; waiting until the last minute to escalate or switch providers is a common and avoidable mistake.

Conclusion

When a North Carolina title search provider does not deliver a complete report, the key questions are what the parties agreed the search would cover and whether the provider acted with reasonable care and timeliness. The client can demand completion or correction, negotiate any additional fee, and, if necessary, pursue contract or negligence remedies and consider whether the conduct violates the unfair trade practices law. To protect the transaction, the most important step is to have a North Carolina attorney promptly secure a full title examination and certification well before closing.

Talk to a Real Estate Attorney

If a title search report is incomplete or delayed and a North Carolina real estate transaction is approaching, our firm has experienced attorneys who can help clarify the scope, evaluate options, and keep the closing on track. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.