TITLE ISSUES: The Best Real Estate Professionals Know When to Pause
Experience Is Knowing When Not to Answer
A recent title issue reminded me that experience is not about knowing everything. It is about knowing when to listen, when to advocate and when to bring in the right professional.
One of my clients recently made a specific request regarding how they wanted to take title to their new property.
They were married, but they did not want the deed to describe them as “husband and wife.” They preferred gender-neutral language identifying them as “spouses, married to each other” or simply as two people “who are married to each other.”
This was personal, intentional, and important to them.
Because it mattered to my clients, it mattered to me.
Initially, several experienced real estate professionals, the escrow company, and even a title attorney told us the requested language could not be used.
It would have been easy to accept that answer and move on.
We were busy. Deadlines were approaching. Several knowledgeable people appeared to agree.
At one point, I was advised to “just close” using the available language and to let the clients address it after escrow closes.
That may have been the fastest answer, but it was not the right answer.
Telling my clients to accept a form of title they had specifically rejected and correct it later would not have honored the legitimacy of their request. It could also have required another transfer or title change after closing, potentially creating legal, tax, recording, or ownership consequences that I was not qualified to evaluate.
Most importantly, it would have shifted the burden to my clients simply because others wanted the transaction to move forward.
That is not advocacy.
Experience has taught me an important distinction:
“I have never seen it done that way” and “it cannot be done” are not the same statement.
I later learned that California title and escrow materials include examples of married owners taking title using gender-neutral language such as “who are married to each other.”
That did not mean I should advise my clients how to hold title. It meant their request deserved a proper review rather than immediate dismissal.
Advocacy Is Not Legal Advice
My instinct was not to question my clients or tell them the wording should not matter.
My instinct was also not to argue the law myself.
I listened, documented their request, and continued communicating with the professionals responsible for determining what could be prepared, insured, and recorded.
That distinction matters.
Advocating for a client does not mean giving legal advice. It means ensuring the client’s question reaches the person qualified to answer it.
My job was not to decide whether my clients' preferred vesting was legally or financially appropriate. My job was to make sure their request was heard, accurately communicated, and properly evaluated.
That is what representation looks like.
Experience Can Create False Confidence
I have been involved in hundreds of real estate transactions. My team handles a significant volume across Southern California and routinely encounters issues involving trusts, estates, divorces, entities, liens, probate, and changes in ownership structures.
But experience does not turn a real estate professional into a title attorney, tax professional or estate-planning attorney.
The longer we remain in this business, the easier it becomes to believe we have seen everything.
We have not.
Laws change. Underwriting standards evolve. Forms are revised. Families and ownership structures do not always fit neatly into language used for generations.
Sometimes the first answer is incomplete. Sometimes experienced professionals need to reconsider an issue or elevate it to someone with more specialized authority.
There is no shame in that.
The mistake is giving a fast, confident answer simply because everyone expects the real estate professional to know.
Sometimes Professionalism Means Pressing the Issue
No matter how busy the transaction becomes, my clients deserve an answer that is accurate, not merely convenient.
Several senior professionals involved in the transaction began to characterize me as “difficult” because I would not accept the initial answer and move on.
The truth is, I did not yet know whether my clients were right. I only knew their request had been dismissed before anyone had fully examined the facts.
I will always be willing to ask the uncomfortable question when my clients' interests require it.
That does not mean being combative. It means being communicative, persistent and unwilling to substitute convenience for accuracy.
I do not need every professional involved in a transaction to agree with me. I need my clients to know they were seen, heard and fully represented.
Know Your Lane
Real estate professionals should know enough to recognize when an issue matters and when it falls outside the scope of their license.
Our job is to listen, communicate, identify risks and connect clients with the right experts.
Our job is not to select a vesting structure, interpret its legal effect, or predict its tax consequences.
Sometimes protecting a client means negotiating aggressively.
Sometimes it means challenging an assumption.
Sometimes it means refusing to “just close.”
And sometimes it means saying:
“This is outside my professional lane, but I will make sure it reaches the person qualified to address it.”
The strongest real estate professionals are not the ones who claim to know everything.
They are the ones who know when to pause, when to press, and when to bring in the right expert.
I do not need everyone involved in the transaction to be my fan.
I need my clients to walk away knowing they were fully represented.
That is the standard.
Roddy de la Garza (DRE #01995374) is a Team and Area Leader for EPIQUE Realty in Southern California. This article is provided for general informational purposes only and does not constitute legal, tax, title, or estate-planning advice. Consumers should consult qualified professionals regarding their individual circumstances.
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Roddy de la Garza
Broker Associate / Area Leader | License ID: CA 01995374 / TX 431113
