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Legal risks identified during the due diligence of a commercial property transaction can cause delays, often leading to frustration for all parties involved. DUAL Asset can provide insurance solutions for both known and unknown risks associated with property title use and ownership, protecting the insured from risk and allowing transactions to continue quickly and with certainty.
Legal indemnity and title insurance encompasses a broad range of legal risks, which may affect a property or land. Ranging from minor technical issues to active litigation, these defects can substantially influence the property's value and, in more extreme cases, may result in the loss of the entire asset. Whilst some defects could be resolved through legal processes, this is often uncertain, and the associated time and cost implications could lead to delays or even termination of a transaction.
Insurance can be used as a quick and cost effective solution, protecting and indemnifying owners, developers and funders against potential financial losses arising from title defects. It can offer certainty to land value, development cost and business income. It can also be used to provide lenders and investors with security over their loan, protecting their funds against financial loss from either identified risks or unforeseen defects.
Specific risk insurance can be a quick solution when a defect has been identified during due diligence and the risk needs to be mitigated against.
Most specific risk policies provide cover in perpetuity and for any onward purchasers, lessees, mortgagees and their successors.
All risk insurance can be used where there is no specific defect, but the cover can protect against a number of unknown risks. This can arise where full due diligence has not been carried out, or the seller is unable or unwilling to stand behind the warranties given at exchange/completion (often administrators/receivers or a fund winding up.
All risk policies wrap around the current transaction and protect the owner for as long as they own the property. In some cases, this can be extended to an onward purchaser where assets will be quickly flipped on.