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Title Camp - Wendi See/SC
10/22/2006 7:24:52 PM (1810 views)

[+] First American - Danielle Nelson/WI (5 replies)
10/20/2006 5:14:37 PM (2533 views)

Title Camp Reminder - Robert Franco/OH
10/20/2006 4:19:45 PM (2723 views)

[+] Follow-up on Absolute Property, Question - Mike/KS (11 replies)
10/20/2006 1:37:42 PM (2393 views)

[+] Question?? - Wanda Steudel/OH (2 replies)
10/18/2006 5:57:41 PM (2354 views)


Real Title Services


[-] Abstractors beware - Examnet - JOSEPH MARTINEZ/NM (16 replies)
10/18/2006 11:35:26 AM (2798 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/18/2006 5:30:51 PM (2458 views)
Re: Abstractors beware - Examnet - Robb Grandon/OH
10/23/2006 8:58:21 AM (2424 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:20:42 PM (2348 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 3:31:58 PM (2311 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:15:23 PM (2357 views)
Re: Abstractors beware - Examnet - Robert Franco/OH
10/23/2006 3:31:21 PM (2241 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/23/2006 9:56:40 AM (2283 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 3:17:06 PM (2313 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:36:12 PM (2295 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 4:09:38 PM (2400 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/24/2006 5:44:57 AM (2375 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:28:13 PM (2261 views)
Re: Abstractors beware - Examnet - Jay Duncan/MO
10/23/2006 3:54:27 PM (2261 views)
Re: Abstractors beware - Examnet - Smitty Strickland/SC
10/23/2006 4:34:53 PM (2314 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/23/2006 4:53:47 PM (2389 views)

There is a consideration if this is a bilateral contract. The promise to perform the search in return for the promise to pay for it constitutes  consideration.

If it were deemed a unilateral contract, the abstractor's performance of the search is both his acceptance of the offer and the consideration for the contract on his side.

The issue of non payment is a normal ploy in a contract case in which there is an alleged problem with the quality of service. If the client had paid for the search it could be deemed an admission that there was no problem with the search. Backing off on the demand for the fee by the abstractor could be deemed an admission that there was a problem with his work. 

I do a lot of contract work, and the client's continued acceptance of services after the date of the alleged service deficiency kills him in court, provided he continued to accept the services with knowledge of the alleged service deficiency.  If however he continued to accept the services, but was not made aware of the alleged service deficiency until a later date he has a defense/rebuttal to the continued acceptance of services.

In so far as the issue of standing is concerned the client must be an aggrieved party in order to have standing to sue the abstractor. In Connecticut the plaintiff can not plead someone else's damages. If however, the client is on the hook to his client, he then has damages, is aggrieved and has standing to sue. If the client is sued by his client, he may join the abstractor to the suit as a co-defendant or third party defendant and assert a claim against him.
.

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Re: Abstractors beware - Examnet - Jean Lurtsema/AK
3/29/2007 1:41:23 PM (2091 views)

[+] RESPA question - George Booth/TX (13 replies)
10/18/2006 11:21:55 AM (2333 views)

[+] Wendi See - Kevin Ahern/CT (3 replies)
10/18/2006 10:07:13 AM (2302 views)

[+] Signing Agent Certification - Kevin Ahern/CT (7 replies)
10/18/2006 6:03:56 AM (2085 views)

[+] Theft of Indices - Helene /GA (1 reply)
10/17/2006 10:47:38 PM (2066 views)

[+] Sue happy Examnet - JOSEPH MARTINEZ/NM (6 replies)
10/17/2006 5:16:19 PM (2272 views)

[+] Kurt- can't send you email! - SHARON YAHRAES/ID (2 replies)
10/17/2006 4:33:44 PM (3122 views)

[+] Contemporary Realty-STILL - SHARON YAHRAES/ID (8 replies)
10/16/2006 1:39:50 PM (2281 views)

[+] Another one bites the dust! - Kurt deVries/FL (2 replies)
10/16/2006 12:56:47 PM (2280 views)

[+] Carolinas Title Camp Approching - Robert Franco/OH (5 replies)
10/16/2006 11:14:12 AM (2208 views)


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