Legal Question in Real Estate Law in Florida

I tried to sell my home recently, only to learn I could not convey clear title because of an encroachment. I appealed to the title company handling the settlement when I bought the house. Evidently, the man from whom I bought the house, who owned my house as well as the house behind me, had not officially recorded the survey used by my title company in my purchase. My title company has refused to help me, invoking the "Errors and Omissions" clause, which they claim absolves them of all responsibility when someone other than them makes an error. Inasmuch as the title company handling the aborted sale of my home immediately detected the problem, I feel the title company handling my purchase was grossly negligent. Do I have a case?


Asked on 1/09/11, 7:33 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

A lot depends on the exclusions from your coverage. If a survey was presented to the title company and if your policy was issued without standard exceptions. Your question points out why buyers need to have an attorney before they close a transaction. Because now, as a seller, you need an attorney to unravel this matter. The title company and/or your predecessor in title may be liable, but without reviewing your documents, it's not possible to say if you have a case.

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Answered on 1/14/11, 9:07 am


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