Real Estate Q&A Series

What steps should I take if I don’t receive a timely response from a title search company? – North Carolina

Short Answer

Under North Carolina law, delay or silence from a title search company is mainly a contract and service-quality issue. The key steps are to document all communications, set a clear written deadline, and be prepared to reassign the work if the company will not commit to a price and timeframe for the missing parcel. If the delay jeopardizes a closing or appears unfair or deceptive, it may also raise issues under North Carolina’s unfair trade practice laws, which should be evaluated with a real estate attorney.

Understanding the Problem

The question here is: in North Carolina real estate transactions, what can a client do when a title search company does not respond in a timely way, and the title report is incomplete for all parcels involved? The situation often arises when one parcel has been searched and reported, but a second parcel is missing from the report, and the company has not provided a clear quote or timeline for finishing the work. The core concern is how to protect the transaction schedule, manage risk to the client’s interest in the property, and decide whether to continue with the same title search provider or move on to another one.

Apply the Law

North Carolina does not have a single statute that sets response times for private title search companies. Instead, the relationship is governed by contract law, professional obligations that apply to closings, and general consumer protection rules. For residential real estate, a North Carolina attorney must supervise the closing and ensure that title work is reliable enough for recording and disbursement. Delays, nonresponse, or incomplete work can become a breach of contract issue or, in more serious situations, an unfair or deceptive trade practice if the conduct misleads or harms the client.

Key Requirements

  • Clear scope of work: The agreement with the title search company should identify every parcel, the depth of the search, and what deliverables are expected.
  • Reasonable timing and communication: The company must perform within the agreed or a reasonable timeframe and should communicate promptly about pricing changes, additional parcels, or delays.
  • Accurate, non-misleading services: The company may not misrepresent what has been searched or promised, and conduct that misleads or harms the client can implicate North Carolina’s unfair or deceptive trade practice rules.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, the client ordered a title search, but the report omitted a second parcel. The search company has acknowledged additional work is needed and says it must confirm pricing, yet has not provided a quote or timeframe despite follow-up emails. That raises concerns under the scope and timing elements: the service provider has not clearly defined or completed the full job and has not communicated a reasonable schedule. If the delay causes a missed contract deadline or misleads the client into thinking both parcels were covered, it can become a contract issue and potentially an unfair practice, especially if the company continues to hold itself out as having delivered a complete search.

Process & Timing

  1. Who files: The client’s real estate attorney or the client, at the attorney’s direction. Where: Communications go directly to the title search company; any formal legal claim would be filed in the appropriate North Carolina state court (typically district or superior court, depending on the amount in controversy). What: First, a written demand letter that sets out the missing parcel, the prior order, and a specific response deadline; later, if needed, a complaint for breach of contract and, where justified, for unfair or deceptive trade practices. When: The written demand should go out as soon as it becomes clear the company is not responding, often within a few business days of the last unanswered inquiry.
  2. After the demand, a reasonable waiting period—commonly 5–10 business days—is allowed for the company to respond with a quote and a completion timeline. If there is no meaningful response and the closing schedule is at risk, the attorney will typically reassign the title search to another provider and notify all transaction parties that title work for the second parcel is pending.
  3. Once alternate title work is completed, the attorney reviews the entire title for both parcels, resolves any title issues, and proceeds with closing only when the recorded documents can be handled in compliance with North Carolina closing and recording rules. Any claim against the first title company, if pursued, is documented through a lawsuit or a negotiated resolution.

Exceptions & Pitfalls

  • Contract terms may allow longer processing times, rush fees, or exclusions for additional parcels. Failing to read and keep a copy of the original engagement can make it harder to argue that the company is in breach.
  • Waiting too long to escalate—such as not sending a clear written deadline or not promptly engaging an alternate search provider—can compress the closing timeline and create avoidable pressure or the need for contract extensions.
  • Informal assurances (such as verbal promises that “it will be done soon”) without written confirmation of scope, cost, and timing make disputes harder to prove. Written, dated communications are critical evidence if a contract or unfair trade practice claim becomes necessary.

Conclusion

When a North Carolina title search company does not respond promptly and leaves a title report incomplete for a second parcel, the practical and legal response centers on contract performance and basic consumer protection rules. The client’s attorney should clarify the full scope of work in writing, set a firm written deadline for a quote and completion date, and be ready to move the assignment to another provider within the real estate contract’s title and closing deadlines. If the delay or nonresponse becomes misleading or harmful, formal remedies under North Carolina contract and unfair trade practice law may be available.

Talk to a Real Estate Attorney

If a title search company is not responding and an incomplete search is putting a North Carolina real estate transaction at risk, our firm has experienced attorneys who can help evaluate options, manage deadlines, and protect the client’s interests. 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 a specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.