Legal Question in Real Estate Law in California
what liability if any does my title insurance company when they have insured the wrong apn#
4 Answers from Attorneys
If they did the research on the correct property but had a typo as to the correct APN, they just need to re-issue the Title Insurance policy. If they did the research for the wrong property, then there are several possibilities: they return your money and pay for any damages you suffered [would not have bought property if report had been on correct property], they redo the search without additional charge, etc.
They have no liability at all except to correct their title insurance policy to conform to the property you purchased. Mr. Shers is completely wrong that they have any liability for researching the wrong property. Until the policy of insurance, or other form of title guarantee or title insurance product is issued, a title company has NO liability for anything. Preliminary reports, etc., are as a matter of law offers to issue title insurance on specified terms. Nothing more. They owe you the insurance policy you ordered on the property you bought, and then to honor the terms of that policy, period. They have no other responsibility to you. Trust me, I litigated these things as a Vice President and Northern California Litigation Counsel for Fidelity National Title and Chicago title for over five years.
They don't have any liability at all if you have no loss. If you have loss, and they have listed the wrong apartment number, then you need to see an attorney.
Mr. Roach needs to read questions more carefully. The question was about apn, not apt. If he doesn't know the difference, he should avoid answering real estate questions.