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[+] Elections Website Exposed Over 1 Million Voters to Identity Theft and Voter Fraud - David Bloys/TX (3 replies)
10/25/2006 11:51:35 PM (3564 views)

[+] 10 Tips on Hiring Your Clients - Jan Forster/NC (2 replies)
10/23/2006 2:22:26 AM (4010 views)

[+] Title Camp - Sara Leamon/NC (12 replies)
10/22/2006 8:33:25 PM (2990 views)

Title Camp - Wendi See/SC
10/22/2006 7:24:52 PM (2204 views)

[+] First American - Danielle Nelson/WI (5 replies)
10/20/2006 5:14:37 PM (3048 views)




Title Camp Reminder - Robert Franco/OH
10/20/2006 4:19:45 PM (3196 views)

[+] Follow-up on Absolute Property, Question - Mike/KS (11 replies)
10/20/2006 1:37:42 PM (2981 views)

[+] Question?? - Wanda Steudel/OH (2 replies)
10/18/2006 5:57:41 PM (2857 views)

[-] Abstractors beware - Examnet - JOSEPH MARTINEZ/NM (16 replies)
10/18/2006 11:35:26 AM (3439 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/18/2006 5:30:51 PM (4082 views)
Re: Abstractors beware - Examnet - Robb Grandon/OH
10/23/2006 8:58:21 AM (4080 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:20:42 PM (3790 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 3:31:58 PM (3902 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:15:23 PM (3936 views)
Re: Abstractors beware - Examnet - Robert Franco/OH
10/23/2006 3:31:21 PM (3849 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/23/2006 9:56:40 AM (3802 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 3:17:06 PM (3871 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:36:12 PM (3892 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 4:09:38 PM (3910 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/24/2006 5:44:57 AM (4005 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:28:13 PM (3761 views)
Re: Abstractors beware - Examnet - Jay Duncan/MO
10/23/2006 3:54:27 PM (3780 views)
Re: Abstractors beware - Examnet - Smitty Strickland/SC
10/23/2006 4:34:53 PM (3864 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/23/2006 4:53:47 PM (3911 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 (3711 views)

[+] RESPA question - George Booth/TX (13 replies)
10/18/2006 11:21:55 AM (2815 views)

[+] Wendi See - Kevin Ahern/CT (3 replies)
10/18/2006 10:07:13 AM (2784 views)

[+] Signing Agent Certification - Kevin Ahern/CT (7 replies)
10/18/2006 6:03:56 AM (2622 views)

[+] Theft of Indices - Helene /GA (1 reply)
10/17/2006 10:47:38 PM (2525 views)

[+] Sue happy Examnet - JOSEPH MARTINEZ/NM (6 replies)
10/17/2006 5:16:19 PM (2733 views)

[+] Kurt- can't send you email! - SHARON YAHRAES/ID (2 replies)
10/17/2006 4:33:44 PM (3763 views)


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