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[+] Follow-up on Absolute Property, Question - Mike/KS (11 replies)
10/20/2006 1:37:42 PM (2302 views)

[+] Question?? - Wanda Steudel/OH (2 replies)
10/18/2006 5:57:41 PM (2277 views)

[-] Abstractors beware - Examnet - JOSEPH MARTINEZ/NM (16 replies)
10/18/2006 11:35:26 AM (2685 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/18/2006 5:30:51 PM (2259 views)
Re: Abstractors beware - Examnet - Robb Grandon/OH
10/23/2006 8:58:21 AM (2226 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:20:42 PM (2156 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 3:31:58 PM (2124 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:15:23 PM (2167 views)
Re: Abstractors beware - Examnet - Robert Franco/OH
10/23/2006 3:31:21 PM (2047 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/23/2006 9:56:40 AM (2078 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 3:17:06 PM (2118 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:36:12 PM (2091 views)
Re: Abstractors beware - Examnet - Scott Perry/PA
10/23/2006 4:09:38 PM (2185 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/24/2006 5:44:57 AM (2188 views)
Re: Abstractors beware - Examnet - JOSEPH MARTINEZ/NM
10/23/2006 3:28:13 PM (2064 views)
Re: Abstractors beware - Examnet - Jay Duncan/MO
10/23/2006 3:54:27 PM (2069 views)
Re: Abstractors beware - Examnet - Smitty Strickland/SC
10/23/2006 4:34:53 PM (2118 views)
Re: Abstractors beware - Examnet - Kevin Ahern/CT
10/23/2006 4:53:47 PM (2189 views)

There is a consideration if this is a bilateral contract. The promise to perform the search in return for the promise to pay for it constitutes  consideration.

If it were deemed a unilateral contract, the abstractor's performance of the search is both his acceptance of the offer and the consideration for the contract on his side.

The issue of non payment is a normal ploy in a contract case in which there is an alleged problem with the quality of service. If the client had paid for the search it could be deemed an admission that there was no problem with the search. Backing off on the demand for the fee by the abstractor could be deemed an admission that there was a problem with his work. 

I do a lot of contract work, and the client's continued acceptance of services after the date of the alleged service deficiency kills him in court, provided he continued to accept the services with knowledge of the alleged service deficiency.  If however he continued to accept the services, but was not made aware of the alleged service deficiency until a later date he has a defense/rebuttal to the continued acceptance of services.

In so far as the issue of standing is concerned the client must be an aggrieved party in order to have standing to sue the abstractor. In Connecticut the plaintiff can not plead someone else's damages. If however, the client is on the hook to his client, he then has damages, is aggrieved and has standing to sue. If the client is sued by his client, he may join the abstractor to the suit as a co-defendant or third party defendant and assert a claim against him.
.

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Re: Abstractors beware - Examnet - Jean Lurtsema/AK
3/29/2007 1:41:23 PM (1900 views)

[+] RESPA question - George Booth/TX (13 replies)
10/18/2006 11:21:55 AM (2247 views)

[+] Wendi See - Kevin Ahern/CT (3 replies)
10/18/2006 10:07:13 AM (2211 views)




[+] Signing Agent Certification - Kevin Ahern/CT (7 replies)
10/18/2006 6:03:56 AM (1990 views)

[+] Theft of Indices - Helene /GA (1 reply)
10/17/2006 10:47:38 PM (1982 views)

[+] Sue happy Examnet - JOSEPH MARTINEZ/NM (6 replies)
10/17/2006 5:16:19 PM (2206 views)

[+] Kurt- can't send you email! - SHARON YAHRAES/ID (2 replies)
10/17/2006 4:33:44 PM (2992 views)

[+] Contemporary Realty-STILL - SHARON YAHRAES/ID (8 replies)
10/16/2006 1:39:50 PM (2203 views)

[+] Another one bites the dust! - Kurt deVries/FL (2 replies)
10/16/2006 12:56:47 PM (2194 views)

[+] Carolinas Title Camp Approching - Robert Franco/OH (5 replies)
10/16/2006 11:14:12 AM (2112 views)

[+] What is a "direct" vs. "indirect" search - Jeanine Johnson/FL (3 replies)
10/15/2006 11:43:04 AM (2054 views)

[+] You Gotta See It To Believe It - Jan Forster/NC (2 replies)
10/14/2006 6:14:46 AM (3065 views)

Election Assistance Needed - Jan Forster/NC
10/14/2006 5:57:41 AM (1677 views)


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