Moats v. Professional Assistance, LLC
Jan 15, 2014OUTCOME: Affirmed summary judgment in favor of client
Plaintiffs sold a piece of property and intended to reserve the mineral rights. The documents prepared at the closing did not reserve the mineral rights, resulting in the rights being conveyed to anot ... her party. Some years later, the plaintiffs sued both the title agency and the realtor involved in the transaction. The Supreme Court held that representations made by the title agency created a question of fact as to whether the Plaintiffs/sellers exercised due diligence to discover the error prior to the statute of limitations running. As to the realtor, the Supreme Court held that the realtor did not do anything that would give rise to a question of fact, and Plaintiff's claim was therefore time-barred.
