03/25/2026
19 Non-Contingent Offers… and No One Noticed the Lawsuit Sitting in Plain Sight
Over the years, I’ve made countless videos about reviewing the preliminary title report. I know a lot of people scroll right past it, assuming it’s just another document. But it’s not. This is where real risk shows up and if you miss something here, it can cost you.
Here’s a real scenario:
I recently represented investor clients looking to purchase a fixer. The listing agent required non-contingent offers and provided everything upfront to support this: the prelim, seller disclosures, NHD, all of it. And to be fair, going in non-contingent on a property like this isn’t unusual. But it does come with risk. If you’re waiving protections, you need to fully understand what you’re walking into.
So I sent the prelim to my title company.
Almost immediately, they flagged a lawsuit tied to the property. The listing agent hadn’t caught it. Even more concerning, when I spoke with the title company that prepared the report, they weren’t confident they could guarantee delivery of clear title without further investigation.
We still wrote the offer but I advised my clients to keep their title contingency, even knowing we’d likely lose to a fully non-contingent offer.
Could it end up being nothing? Sure. Maybe it gets resolved quickly.
But worst case? You’re tied up in a contract with no clear timeline, sometimes even a year while probate is sorted… or could risk your deposit (in this case - $72,000).
Your agent’s job is to protect you and unfortunately, so many treat this as a transactional business. It’s honestly shocking to me that 19 other buyers (and their agents) missed this. Who you work with matters.
Want to schedule a free home buying or selling consultation? Call/text me!
Chloe de Verrier
Coldwell Banker
📲 Direct: 310.890.9656
