Case Conclusion Date:August 24, 2012
Outcome:Pre-answer motion for summary judgment granted dismissing claims against title company.
Description:Plaintiff claimed that a title company failed to perform a "run down" search on a vacant water front lot that she was buying and on which she planned to build a home. Plaintiff alleged that the run-down search would have revealed a CAFRA permit that imposed building restrictions. She sued the title company for a negligent title search. Mr. Millar presented legal authority demonstrating that a title search is not performed for the buyer but is rather performed for the title insurer so that the title insurer may determine what risks it will insure. Since the search is not performed for the buyer, the buyer has no claim for a negligent title search. The Court agreed with Mr. Millar and dismissed all claims made against the title company.