Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] Please go to www.besstitle.com for a very important message in upper right side of website! - Jason Sheppard/PA (8 replies)
1/16/2006 3:31:49 PM (2871 views)

[+] Thank you US Title Search - Lisa Ramsey/TX (2 replies)
1/15/2006 11:04:54 AM (2584 views)

2006 NALTEA Winter Conference - January 14, 2006 - Jarrod Clabaugh/OH
1/14/2006 3:00:36 PM (1881 views)

Naltea Winter Conference - First Night - Hospitality Suite - NALTEA/MO
1/13/2006 11:51:29 PM (1714 views)

[+] Drawing software from NALTEA Conf. - Spencer Kinsey/AR (3 replies)
1/13/2006 12:29:50 PM (2196 views)


Real Title Services


[+] Parking - Nikky/FL (2 replies)
1/13/2006 9:15:05 AM (2213 views)

[+] Courthouse Connection - christine/MA (7 replies)
1/12/2006 1:44:34 PM (2368 views)

[+] Has anyone ever heard of DocuQuest or Big Sky Title?? - Patrick Furman/NY (4 replies)
1/12/2006 11:55:25 AM (2463 views)

[+] Anybody know about ZEN title? - Jim Riggs/IN (3 replies)
1/11/2006 9:48:14 PM (2235 views)

[+] You guys/gals are gonna love this ... - Ellen Malloy/MO (10 replies)
1/11/2006 3:44:27 PM (3589 views)

[+] Tolerance Please - Kevin Ahern/CT (2 replies)
1/11/2006 12:28:03 PM (2365 views)

[-] Another non-payer - Sandra Morton/KS (23 replies)
1/9/2006 5:18:54 PM (2518 views)
Re: Another non-payer - J.T. Shoemaker/NY
1/9/2006 6:37:29 PM (3236 views)
Re: Another non-payer - Sandra Morton/KS
1/10/2006 12:34:29 AM (3224 views)
Re: Another non-payer - Kevin Ahern/CT
1/10/2006 6:42:13 AM (3177 views)
Re: Another non-payer - J Nisonger/CA
1/11/2006 3:31:21 AM (3115 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 4:47:39 AM (3131 views)

If you have performed a search accurately, and delivered it to a client on time you have performed your end of the agreement. In the absence of an express agreement you can sue on a number of other theories of recovery.

You can sue a client on a contract implied in fact. This is a type of contract in which no spoken negotiation has occured between the parties. The court will examine the conduct of the parties to determine their intent. The best example of a contract implied in fact is your conduct at the super market. When you take the groceries out of the basket and place them on the counter, your conduct is an implied offer to buy them. The clerk's conduct in ringing up the groceries and bagging them is an implied acceptance of the offer. Your payment for the groceries, and the clerk's release of them to you is the consideration for the implied contract...perfectly binding on the parties.

You can also sue a defendant on a contract implied at law (aka quantum meruit, unjust enrichment or quasi contract). If a defendant accepted service from you when he knew or should have known that you expected to be paid, he is liable to you for the reasonable value of your services. Landscapers use this argument frequently when they plant shrubs at the wrong property. However, the court will not enforce mistakes and carelessness. I succesfully defended property owners who were sued by an oil company that delivered oil to the wrong address. My argument in their defense was the Plaintiff's carelessness in making the delivery..

You can also sue on express oral and written contracts if the facts support such a claim. It sounds as though you have and open price term with respect to the time of payment. In this case payment is due in a reasonable period of time. To determine what length of time is reasonable the court may look at industry standards or a prior course of dealing between you and your client.

You can also sue a defendant on a tort theory of conversion (civil theft). The search remains your property until it is bought, and payment is made. Although tort claims are generally harder to prove than contract claims... particularly with the issue of a defendant's intent. In Connecticut we also have an unfair trade practices act which is easier to prove than tort cases. It also provides for punitive damages and recovery of attorneys fees. I have serveral cases pending now in the court. Most states have similar statutes. California probably does too.

You might even look into filing a complaint against a problem client with the appropriate police dept for theft of services. However, a lot will depend on the language of the statute and how lazy the cop is that takes the complaint. Very often here in Connecticut the police do not want to involve themselves in it, and will tell you that it really is a civil matter rather than criminal. Maybe you will luck out, and get a cop that is willing to get off the dime. The court will generally make restitution to you a condition of extending leniency to a defendant.

There are numerous remedies available to you. Do not let anyone push you around. At the very least you will get an opportunity to vent your spleen. You will feel better afterward. I really have some difficulty understanding the number of postings I see here concerning non-payment, and the hesitation of those posting to pursue their remedies. 

to post a reply: login - or - register


Re: Another non-payer - Smitty Strickland/SC
1/10/2006 5:54:00 PM (3085 views)
Re: Another non-payer - Mark Constable/MA
1/10/2006 8:40:18 PM (3145 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 4:55:58 AM (3210 views)
Re: Another non-payer - Sandra Morton/KS
1/11/2006 12:20:35 PM (3142 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 12:29:29 PM (3118 views)
Re: Another non-payer - Sandra Morton/KS
1/11/2006 12:37:43 PM (3135 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 1:14:49 PM (3068 views)
Re: Another non-payer - Robert Franco/OH
1/11/2006 1:20:01 PM (3058 views)
Re: Another non-payer - Kevin Ahern/CT
1/11/2006 1:28:08 PM (2996 views)
Re: Another non-payer - Robert Franco/OH
1/11/2006 1:56:27 PM (3098 views)
Re: Another non-payer - Robert Breakell/CT
1/11/2006 5:51:03 PM (3018 views)
Re: Another non-payer - Lisa Ramsey/TX
1/12/2006 12:51:30 AM (2824 views)
Re: Another non-payer - Kevin Ahern/CT
1/12/2006 6:14:41 AM (2911 views)
Re: Another non-payer - Lisa Ramsey/TX
1/12/2006 9:24:15 AM (2906 views)
Re: Another non-payer - Ricky Farrow/FL
1/13/2006 9:52:44 PM (3049 views)
Re: Another non-payer - J Nisonger/CA
1/14/2006 12:09:09 AM (2944 views)
Re: Another non-payer - Kevin Ahern/CT
1/14/2006 5:39:03 AM (2987 views)
Re: Another non-payer - J Nisonger/CA
1/15/2006 3:33:24 PM (2972 views)

[+] This is the Week!!! - Jay Duncan/MO (7 replies)
1/9/2006 9:17:43 AM (3411 views)

[+] Important!!! - J Nisonger/CA (26 replies)
1/8/2006 10:43:01 PM (2531 views)

[+] First County Online now paying the price - David Bloys/TX (10 replies)
1/7/2006 12:10:19 PM (3607 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Explain It Like I’m 5: FIRPTA Edition
Marissa Berends's Blog
2025/12/03
0 comments

Home buyers are more active this fall.....
Michael Stelzer's Blog
2025/11/27
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

CATIC Foundation Announces 25th Anniversary Grant Award Recipients
The CATIC Foundation, which is the philanthropic arm of CATIC Financial, Inc., recently celebrated 25 years of meaningfu...
Builder Sentiment Loses Ground at Start of 2026
“While the upper end of the housing market is holding steady, affordability conditions are taking a toll on the lo...
December New Home Purchase Mortgage Applications Increased 2.5 Percent
“December purchase activity for newly built homes continued to run stronger than last year, despite cooling slight...
Remodeling Market Sentiment Strengthens in Fourth Quarter of 2025
“Most remodelers are finding reasonably strong market conditions, even with the normal seasonal slowdown during th...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates dropped lower last week following the announcement of increased MBS purchases by the GSEs. Lower r...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

Looking for Abstractors in SD 12/27
December 27 2025
Hello, I have the following orders in SD in the following counties: Buffalo(3), Charles Mix(1),Codington(1), Dewey(9), Lyman(1) Oglala Lokota(4), Pennington(1), Roberts(4), and Todd(2). This is a total of 26 orders. I am doing consistent business inn...[more info]

email
© 2020, Source of Title.