Toll Brothers / Forcing use of Title Company

San Ramon, CA, United States

We are buying a new Toll Brothers home in Norris Canyon Community in San Ramon, CA.

Our Seller - Toll Brothers is forcing us to use their own Title Company, Westminster TItle. In our contract, we have to pay for all the Title Insurance and Fees/ Escrow fees. So, we should have a choice here.

But Toll is insisting that we use their in house Title company. They are also now threatening that if we change the Title company, there will be delays in closing the home sale ( currently scheduled for Mar 28th 2014). And for every day of delay, regardless of whose fault it is, we ( buyer) will have to pay $300 of penalty per day. But if the Seller causes delays, there is no penalty for them! Is this legal ?
What is our recourse?

Mar 5, 2014

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