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Marketable Title

Marketable title is title that is reasonably free from material doubt or probable litigation risk such that a prudent purchaser would accept it. In NY practice, parties often operationalize marketability through "insurable title" (a title insurer's willingness to issue a policy subject to stated exceptions).

Where it applies
New York State
When it comes up
Contract condition → closing clearance
Property types
All deeded real property

Read more in the Knowledge Base