# Title Companies Admit They Can't Help You **By Jim Vanderpool | Published: July 18, 2025** ## A Note on Title Company Practices I don't dislike title companies—some do solid work. My issue is with specific practices: **1. Role confusion:** Names like "Aberfitch and Crombie" sound like law firms. Title companies don't clarify the difference until the client needs legal advice. Title companies nor their attorneys can give a buyer or a seller legal advice - read that again! **2. Pay-to-play:** Some pay shocking amounts for referrals. Fact, not rumor. **3. Steering for profit:** Some brokerages and Realtors push clients to specific title companies for financial incentives—happening right here in Middle Tennessee. **The result?** Clients hear "We can't represent you or give legal advice" after it's too late. How does this help buyers or sellers? It doesn't. It's about money, taking advantage of people when they need real guidance most. That's why I was glad to see one title company finally put it in writing—admitting they can't actually help you. At least now it's out in the open. --- Look, I'll give credit where it's due—a few title company attorneys genuinely don't understand the problem. But many? They know exactly what they're doing. They benefit from clients not fully grasping that [the attorney at the closing table isn't their attorney](https://vanderpoollaw.com/articles/not-your-attorney). That's why the call from a title company attorney here in Middle Tennessee caught me off guard. She was refreshingly honest: "Jim, when I first read your article, I thought you were wrong. But I did my due diligence, researched the issue myself, and... you're absolutely right. We're implementing a new disclaimer that every buyer and seller will sign at the closing table. Would you be willing to look it over?" When I read it, I nearly fell out of my chair. It was essentially [my entire warning boiled down into a straightforward confession](https://vanderpoollaw.com/articles/not-your-attorney), right there in black and white. With permission from my title company attorney friend, here's the short redacted version: "[Title company] is a Tennessee limited liability company and cannot, through its employees or agents, provide legal advice or services... The attorney does not represent the Buyer and/or Seller... The Buyer and Seller have the right to obtain independent legal counsel... I understand that [title company] is a company entity and cannot provide legal advice... I acknowledge that the Attorney at Law works for the title company and does not represent me, and that there is no attorney-client relationship between me and the Attorney at Law." **Folks, they've finally said the quiet part out loud.** ## What's Really Happening at Your Closing? Imagine you're about to finalize one of life's biggest financial transactions. There's an attorney sitting at the table. You're relieved, thinking, "Good, I've got someone looking out for me." Then, they slide this disclaimer across the table. In plain English, here's what they're saying: * We're a title company, not a law firm. * That attorney at the table doesn't actually represent you. * There's no attorney-client relationship here. * We literally cannot provide you with legal advice. * You really should hire your own attorney. It's like your pilot announcing, **"Just so you know—I'm a fully licensed pilot, perfectly qualified to fly this plane, but I'm legally and ethically prohibited from flying it for you because I work for the aircraft manufacturer, not you."** ## The Confusion They Count On Here's what actually happens at your closing table: **The Setup**: A professional office. Legal documents. An attorney present. Of course clients assume they're protected. **The Reality**: - The title company isn't a law firm—just a "law-related business" under Tennessee law (**Tenn. Code Ann. § 23-3-101(3)**) - The attorney doesn't work for you or represent you - No attorney-client relationship exists—meaning no duty to protect you **The Confession**: They slide a disclaimer across the table. You sign it, often without realizing you just acknowledged that no one there is actually looking out for you. Whether intentional or not, title companies don't hate this misunderstanding—if they did, they'd all be disclosing this frequently and honestly. ## Follow the Money Here's a secret no one wants to talk about: Many buyers end up at these title companies because their realtors "strongly recommend" them. Often, these recommendations are financially motivated: * Monthly "desk fees" sizable enough to cover a mortgage. * Cozy "marketing agreements" and profitable joint ventures. You're being guided toward a company openly telling you they can't help if something goes sideways. It's like hiring a bodyguard who clearly says, "By the way, I won't actually protect you." ## Fake Protection vs. Real Representation Let's make it simple: When you use a title company: * You think, "Great, there's a lawyer here." * Reality: No actual legal protection. * Cost: Same as hiring a real law firm. * Risk: Everything. When you hire an actual law firm like Vanderpool Law: * You get real legal advice and an attorney who works specifically for you. * Cost: Usually the same as a title company. * Risk: Significantly reduced. Same cost—real protection. ## The Confession in Writing This disclaimer admits everything: They know you need legal help, they can't provide it, and they make you sign acknowledging this. It's like your mechanic making you sign: "I understand this person isn't actually qualified to fix cars." ## What Should You Do? Simple: 1. If you see this disclaimer, leave. 2. Call a real law firm to handle your closing. 3. Ask the magic question: "Will you represent ME at closing?" If they hesitate or say "there will be an attorney at the closing table," move on. You'd hire a plumber for a leak or a mechanic for your brakes. Why wouldn't you have your own attorney for the biggest purchase of your life? **Especially when it costs about the same.** ## Bottom Line Discovering your attorney doesn't represent you during a closing is a costly lesson. At Vanderpool Law, we're your advocates from start to finish. We offer flexible service levels to suit your needs, from a basic closing to in-depth counsel on issues like access, easements, or land use. These services come at different costs, tailored to the complexity of your transaction. Even at our basic level, we're vigilant. Recently, a client hired us for a standard closing. We noticed their property might lack public access—a detail we weren't required to catch. Our scope of representation clearly indicated these kinds of issues weren't part of our representation and were instead left to the buyer's due diligence. But we flagged it anyway. That's legal advocacy—doing what you're not required to do for the benefit of the client. Our basic closing services cost the same as a title company, but we deliver the protection you deserve, with options for more comprehensive support as needed. --- **Ready for actual legal protection instead of an illusion?** Call Vanderpool Law: (615) 771-9800 We don't make you sign disclaimers about what we can't do. We show you what we will do—protect you.