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[+] Question?? - Wanda Steudel/OH (2 replies)
10/18/2006 5:57:41 PM (2704 views)

[-] Abstractors beware - Examnet - JOSEPH MARTINEZ/NM (16 replies)
10/18/2006 11:35:26 AM (3231 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/18/2006 5:30:51 PM (3521 views)
Re: Abstractors beware - Examnet - Robb Grandon/OH
10/23/2006 8:58:21 AM (3519 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:20:42 PM (3223 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 3:31:58 PM (3356 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:15:23 PM (3373 views)
Re: Abstractors beware - Examnet - Robert Franco/OH
10/23/2006 3:31:21 PM (3287 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/23/2006 9:56:40 AM (3266 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 3:17:06 PM (3320 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:36:12 PM (3358 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 4:09:38 PM (3332 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/24/2006 5:44:57 AM (3395 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:28:13 PM (3204 views)
Re: Abstractors beware - Examnet - Jay Duncan/MO
10/23/2006 3:54:27 PM (3197 views)
Re: Abstractors beware - Examnet - Smitty Strickland/SC
10/23/2006 4:34:53 PM (3294 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/23/2006 4:53:47 PM (3345 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 (3153 views)

[+] RESPA question - George Booth/TX (13 replies)
10/18/2006 11:21:55 AM (2672 views)

[+] Wendi See - Kevin Ahern/CT (3 replies)
10/18/2006 10:07:13 AM (2641 views)

[+] Signing Agent Certification - Kevin Ahern/CT (7 replies)
10/18/2006 6:03:56 AM (2491 views)




[+] Theft of Indices - Helene /GA (1 reply)
10/17/2006 10:47:38 PM (2416 views)

[+] Sue happy Examnet - JOSEPH MARTINEZ/NM (6 replies)
10/17/2006 5:16:19 PM (2608 views)

[+] Kurt- can't send you email! - SHARON YAHRAES/ID (2 replies)
10/17/2006 4:33:44 PM (3606 views)

[+] Contemporary Realty-STILL - SHARON YAHRAES/ID (8 replies)
10/16/2006 1:39:50 PM (2635 views)

[+] Another one bites the dust! - Kurt deVries/FL (2 replies)
10/16/2006 12:56:47 PM (2650 views)

[+] Carolinas Title Camp Approching - Robert Franco/OH (5 replies)
10/16/2006 11:14:12 AM (2613 views)

[+] What is a "direct" vs. "indirect" search - Jeanine Johnson/FL (3 replies)
10/15/2006 11:43:04 AM (2515 views)

[+] You Gotta See It To Believe It - Jan Forster/NC (2 replies)
10/14/2006 6:14:46 AM (3649 views)

Election Assistance Needed - Jan Forster/NC
10/14/2006 5:57:41 AM (1975 views)

[+] Friday 13 th - Kevin Ahern/CT (11 replies)
10/13/2006 6:32:25 AM (2526 views)


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