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Slow payers - R A/KY
2/11/2015 10:31:41 AM (2111 views)

[+] INDEPENDENT SETTLEMENT SERVICES - Heidi Gemeling/FL (1 reply)
2/10/2015 6:25:14 AM (2741 views)

[+] Corporate Settlement Solutions - Heidi Gemeling/FL (2 replies)
2/10/2015 6:09:47 AM (2843 views)

[+] search fees? - Christine Sheeler/PA (8 replies)
2/9/2015 9:12:33 AM (3326 views)

[-] Comment on "Title Searcher Liability to the Parties in a Real Estate Transaction" - Source of Title/OH (4 replies)
2/9/2015 8:53:06 AM (2560 views)
Title Searcher responsiblity to the parties in a real estate transaction - stephen willard/OH
2/9/2015 8:53:06 AM (3332 views)
Re: Title Searcher responsiblity to the parties in a real estate transaction - Slade Smith/OH
2/10/2015 9:39:10 PM (3579 views)

Yep, the Ohio rule, or something close to it, is the rule most everywhere I believe.  The "Kansas Rule" is definitely an outlier.  There, the fact that there is no privity of contract between the searcher and whoever is suing does not prevent liability, because the person suing is not suing under a contract, they are suing under a negligence theory.  Privity of contract is not necessary for negligence.  All that's necessary is for the court to find that the searcher have some duty of care to the parties to the underlying transaction, which they have done in Kansas. 

Finding a duty of care owed by a searcher to a buyer in a transaction is not entirely farfetched-- when you do a search, you probably are aware that it's going to be used for some sort of real estate transaction, and you'd know that if you missed something, there'd be a possibility that a buyer could suffer a loss, and perhaps even losses beyond what their title insurance will cover.  The buyer's loss is therefore foreseeable to the negligent searcher, and foreseeability of a loss by a defendant is an important step toward negligence liability.  But I think the Ohio rule is the better rule, for other reasons.

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Re: Comment on "Title Searcher Liability to the Parties in a Real Estate Transaction" - R A/KY
2/11/2015 10:40:28 AM (3099 views)
Re: Comment on "Title Searcher Liability to the Parties in a Real Estate Transaction" - Victoria Moate/NJ
2/16/2015 11:39:49 AM (3048 views)




[+] North Carolina & South Carolina - Jim Ashley/WV (8 replies)
2/7/2015 10:00:39 PM (2672 views)

[+] Explaining to customers about not giving legal advice on reports - David Simonton/FL (5 replies)
2/7/2015 9:11:36 AM (2503 views)

[+] Ameristar- bad reputation - Sharon Yahraes/ID (6 replies)
2/6/2015 1:12:36 PM (3081 views)

[+] Knowledge Splice Services - Jim Ashley/WV (5 replies)
2/5/2015 6:45:41 PM (2605 views)

[+] New England ROW Abstracting? - R Cochran/NH (5 replies)
2/4/2015 8:43:10 PM (2500 views)

[+] Altisource - Roberta Dean/IN (8 replies)
2/3/2015 4:32:32 PM (3316 views)

[+] Your morning chuckle.... - Alix Ott/MI (4 replies)
2/3/2015 9:04:33 AM (2598 views)

[+] NALTEA - Laurie E/MD (2 replies)
2/2/2015 10:01:30 AM (2354 views)

[+] Vanguard Data Solutions -NON PAYER - Elisabeth Thierstein/CA (2 replies)
1/27/2015 1:33:59 PM (2978 views)

[+] Vanguard Data Solutions -NON PAYER - Elisabeth Thierstein/CA (3 replies)
1/27/2015 1:32:19 PM (3174 views)


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