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[+] First American's New Background Check policy - Rita Killary/NY (21 replies)
2/19/2015 11:22:25 AM (4151 views)

[+] Knowledge Splice - WAYNE QUICK/NC (9 replies)
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[+] Altisource - Kaylee Chappell/IN (10 replies)
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[+] CoreLogic - Jim Ashley/WV (7 replies)
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[+] U S Title Solutions - Jana Urban-Buzek/OH (8 replies)
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[+] Central Lending Services Direct - Wayne Brown/VA (8 replies)
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[+] Ameristar - John Baker/OH (2 replies)
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[+] Abstractor Worksheets - Jim Ashley/WV (4 replies)
2/14/2015 10:01:39 AM (3798 views)

[+] SIC / NAICS Code Question - John Pratt/IL (4 replies)
2/11/2015 1:46:43 PM (2139 views)

[+] Ameristar - John Baker/OH (6 replies)
2/11/2015 12:37:55 PM (2809 views)

Slow payers - R A/KY
2/11/2015 10:31:41 AM (1867 views)

[+] INDEPENDENT SETTLEMENT SERVICES - Heidi Gemeling/FL (1 reply)
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[+] Corporate Settlement Solutions - Heidi Gemeling/FL (2 replies)
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[+] search fees? - Christine Sheeler/PA (8 replies)
2/9/2015 9:12:33 AM (3090 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 (2266 views)
Title Searcher responsiblity to the parties in a real estate transaction - stephen willard/OH
2/9/2015 8:53:06 AM (2527 views)
Re: Title Searcher responsiblity to the parties in a real estate transaction - Slade Smith/OH
2/10/2015 9:39:10 PM (2747 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 (2291 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 (2281 views)


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