[WSBARP] Claim Against Title Insurer/Agent?

[Samuel M. Meyler]

Listmates,

 

Is there any possible claim against the title insurer in the following
scenario?  Condo is listed and marketed on the MLS as having two specific,
numbered parking spaces.  The Purchase and Sale Agreement states that the
condo is assigned the two specific parking spaces.  Title company receives
these materials for their file as usual.  An Amendment to the Declaration
indicates that the condo is only assigned one or the two parking spaces.
The title policy that is issued is a standard Homeowner's Policy and
excludes coverage for provisions in the Amendment. 

 

On the day after closing, title agent acknowledges in writing that they were
aware that PSA and the listing indicated that there were two parking spots
even though they issued a policy that contradicts those details.  Title
insurer denies coverage based on the exclusions.  

 

Did the title agent/insurer have a duty to bring the discrepancy to the
Buyer's attention rather than simply issuing a policy that contradicted the
transaction documents?  

 

 

Sam  

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

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