[WSBARP] Claim Against Title Insurer/Agent?

[Kary Krismer]

Form 28, paragraph w would also be applicable, which gives a buyer 10 
days to review representations made in the listing.

Kary L. Krismer
206 723-2148

On 7/28/2021 11:00 AM, Gregory L. Ursich wrote:
>
> Samuel: Actually probably more of an Escrow issue.  But, if a 
> preliminary commitment was issued showing only 1 parking stall, the 
> standard PSA under NWMLS has a title contingency and review period.  
> Did the buyer deal with that?
>
> 	
>
> *Gregory L. Ursich *
>
> Shareholder
>
> Skyline Tower, Suite 1500 | 10900 NE 4^th Street | Bellevue, WA 98004
>
> P: 425.450.4258 | F: 425.635.7720
>
> _vCard 
> <http://www.insleebest.com/uploads/vcards/gursich.vcf>_|_website 
> <http://www.insleebest.com/>_|_gursich at insleebest.com 
> <mailto:gursich at insleebest.com>_
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> *From:* wsbarp-bounces at lists.wsbarppt.com 
> [mailto:wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Samuel M. Meyler
> *Sent:* Wednesday, July 28, 2021 10:43 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Claim Against Title Insurer/Agent?
>
> 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:*samuel at meylerlegal.com <mailto:samuel at meylerlegal.com>
>
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