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STANDARD

A lawyer must be aware of the existence of title insurance and should have knowledge in broad terms about the protections a policy may provide. A lawyer should use professional judgment to determine whether to recommend title insurance to a buyer, a lender or both. A lawyer must recognize when to seek advice about title insurance from an expert such as a title insurance underwriter.1

A lawyer who receives a fee, commission, rebate or other compensation for securing a policy of title insurance for a client or the client’s lender must fully disclose such fee, commission, rebate or other compensation to the client and obtain the prior consent of the client.2

FOOTNOTES

1.    Nova Scotia Barristers’ Society, Code of Professional Conduct, Halifax: Nova Scotia Barristers’ Society, 2012: Chapter 3 “Relationship to Clients” and section 3.1 “Competence”

2.    Nova Scotia Barristers’ Society, Code of Professional Conduct, Halifax: Nova Scotia Barristers’ Society, 2012: Chapter 3 “Relationship to Clients” and section 3.6 “Fees and Disbursements” and commentary number 2.

ADDITIONAL RESOURCES

Chicago Title Insurance Company www.chicagotitle.ca

FCT Insurance Company Ltd. (carrying on business under the name First Canadian Title) www.firstcanadiantitle.com

FNF Canada www.fnf.ca

Lawyers’ Professional Indemnity Company (TitlePlus) www.titleplus.ca

Stewart Title Guarantee Company of Canada www.stewart.ca

Travelers Guarantee Company of Canada http://www.travelerscanada.ca/business-insurance/surety/title-insurance/index.aspx

Barnes, Robert L. / Title insurance policies: What are they? What do they do? (January 1998), in The future of real estate practice: from title insurance to technology - what you need to know.

Bucknall, Brian; Lau, Scott / Advising clients about options for assuring title (January 1998), in The future of real estate practice: from title insurance to technology - what you need to know.

Carter, Craig / Title insurance in 1998 (January 1998), in The future of real estate practice: from title insurance to technology - what you need to know.

Everett, Mark G / Title insurance (February 2003), in Real Property Conference 2003: property practice in new environments.

Gordon QC, Garth C. / Introduction to title insurance case problem - "Greenacre" (January 1998), in The future of real estate practice: from title insurance to technology - what you need to know.

McInnes, Cameron, Transaction Protection Endorsement, Risk Practice Management Conference, October 21, 2016

McInnes, Cameron, Reduce Risk on Real Estate Transactions through Title Insurance Solutions, LIANS Webinar, December 8, 2016

Romanin, Maurizio; Waters, Kathleen A. / The conveyancing solicitor's role in title insurance (January 1998), in The future of real estate practice: from title insurance to technology - what you need to know.

Walker QC, Catherine S / Options for assuring title in the current market (January 1998), in The future of real estate practice: from title insurance to technology - what you need to know.

Winter, Ivo / Residential title insurance (April 2010), in Real property conference 2010: refreshing and renewing your property practice.

PRACTICE NOTES

A lawyer should advise the client about the coverage offered by title insurance both in lieu of certain items (e.g. survey, tax certificate, building and zoning certificate) and for items not otherwise covered by a lawyer’s opinion on title (e.g. fraud, gap coverage, post-policy encroachments). The lawyer should confirm the instructions of the client in writing.

Title Insurance Letter (sample letter to clients)

Confirmation of Instructions Regarding Title Insurance (sample letter)

Approved by Council on November 17, 2017.