Summary Judgment Against Seller That Misrepresented Title Defect…
April 5, 2012
Summary Judgment Against Seller That Misrepresented Title Defect
GJTBS represented a national title insurer in an action to enforce an indemnification agreement and warranty signed by a seller that the client relied upon in closing a real estate transaction, but which was false and led to a loss for the company. GJTBS defeated the defendant’s motion for summary judgment and motion to dismiss based on the language of the agreement and prevailed on its own motion for summary judgment since the defendant seller, a trust managed by an attorney, did not qualify for the consumer protection standards related to indemnity agreements and the client was awarded its full prayer for relief plus pre-judgment interest.