[WSBARP] Claim Against Title Insurer/Agent?

[Samuel M. Meyler]

Greg,

 

Yes, Buyer had a title continency and review period.  During the review
period, Buyer requested confirmation from the HOA that the condo was
assigned two parking spaces and received written confirmation from the HOA
that it was.  

 

Setting that aside though, the same service provider was engaged to provide
title and escrow services.  They had all of the materials and either ignored
the fact that there was a discrepancy and did nothing to alert the Buyer or
failed to realize that there was a discrepancy.  Should that service
provider avoid any liability because they issued a title policy excluding
coverage relating to the Amendment?

 

 

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

  

NOTICE:

 

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Thank you.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Gregory L. Ursich
Sent: Wednesday, July 28, 2021 11:01 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Claim Against Title Insurer/Agent?

 

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 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

 <http://www.insleebest.com/uploads/vcards/gursich.vcf> vCard |
<http://www.insleebest.com/> website |  <mailto:gursich at insleebest.com>
gursich at insleebest.com

 

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto: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
<mailto: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:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

NOTICE:

 

This electronic message contains information which may be Confidential or
Privileged and constitutes an electronic communication within the meaning of
the Electronic Communications Privacy Act 18 USC 2510. The information is
intended to be for the use of the individual or entity named above.  If you
are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the contents of this information is
prohibited.  If you received this transmission in error, please notify the
sender and delete the copy you received together with any attachments.
Thank you.

 

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