I deal with this problem by refusing to sign any engagement contract... If they require it, we just don't work for them.  I do not think they are necessary.  We offer a simple product, the title search.  In Ohio we have Title Standards that the search is supposed to comply with.  Our liability seems pretty clear and I don't need the client expanding that with a contract.  We send them our fee schedule and a copy of the dec page from our E&O policy.  To me that seems sufficient and we worked that way for many years.

I have thought about drafting my own contract, and offering that instead... but I haven't had the time and I'm sure it would not be worth the effort.

Best,
Robert A. Franco
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