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[+] Title Camp - Sara Leamon/NC (12 replies)
10/22/2006 8:33:25 PM (2747 views)

Title Camp - Wendi See/SC
10/22/2006 7:24:52 PM (2016 views)

[+] First American - Danielle Nelson/WI (5 replies)
10/20/2006 5:14:37 PM (2816 views)

Title Camp Reminder - Robert Franco/OH
10/20/2006 4:19:45 PM (2966 views)

[+] Follow-up on Absolute Property, Question - Mike/KS (11 replies)
10/20/2006 1:37:42 PM (2734 views)


Real Title Services


[+] Question?? - Wanda Steudel/OH (2 replies)
10/18/2006 5:57:41 PM (2624 views)

[-] Abstractors beware - Examnet - JOSEPH MARTINEZ/NM (16 replies)
10/18/2006 11:35:26 AM (3150 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/18/2006 5:30:51 PM (3349 views)
Re: Abstractors beware - Examnet - Robb Grandon/OH
10/23/2006 8:58:21 AM (3318 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:20:42 PM (3074 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 3:31:58 PM (3185 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:15:23 PM (3189 views)
Re: Abstractors beware - Examnet - Robert Franco/OH
10/23/2006 3:31:21 PM (3098 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/23/2006 9:56:40 AM (3082 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 3:17:06 PM (3145 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:36:12 PM (3169 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 4:09:38 PM (3186 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/24/2006 5:44:57 AM (3193 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:28:13 PM (3021 views)
Re: Abstractors beware - Examnet - Jay Duncan/MO
10/23/2006 3:54:27 PM (3023 views)
Re: Abstractors beware - Examnet - Smitty Strickland/SC
10/23/2006 4:34:53 PM (3133 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/23/2006 4:53:47 PM (3153 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 (2980 views)

[+] RESPA question - George Booth/TX (13 replies)
10/18/2006 11:21:55 AM (2604 views)

[+] Wendi See - Kevin Ahern/CT (3 replies)
10/18/2006 10:07:13 AM (2562 views)

[+] Signing Agent Certification - Kevin Ahern/CT (7 replies)
10/18/2006 6:03:56 AM (2409 views)

[+] Theft of Indices - Helene /GA (1 reply)
10/17/2006 10:47:38 PM (2341 views)

[+] Sue happy Examnet - JOSEPH MARTINEZ/NM (6 replies)
10/17/2006 5:16:19 PM (2547 views)

[+] Kurt- can't send you email! - SHARON YAHRAES/ID (2 replies)
10/17/2006 4:33:44 PM (3505 views)

[+] Contemporary Realty-STILL - SHARON YAHRAES/ID (8 replies)
10/16/2006 1:39:50 PM (2558 views)

[+] Another one bites the dust! - Kurt deVries/FL (2 replies)
10/16/2006 12:56:47 PM (2575 views)


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