Orlando Partner, Christina Bredahl Gierke, recently obtained a summary judgment in favor of CSK’s client related to a real estate closing.
After purchasing a condominium unit, Plaintiffs learned of an undisclosed title defect. Plaintiffs made a title claim and received policy benefits. Plaintiffs claimed their damages exceeded the amount of the title policy, so Plaintiffs filed suit against CSK’s client, the closing and title agent, claiming that our client failed to properly perform the title search.
Through motions to dismiss, Gierke was able to establish that CSK’s client could not be sued for negligence and instead, Plaintiffs had to allege elements of fraud to maintain a claim against CSK’s client. Thereafter, summary judgment was entered in favor of CSK’s client because there was no evidence to support two key elements of the fraud claim – (1) knowledge of a false statement concerning material fact and (2) an intention to induce Plaintiffs to act upon the false statement.
Summary judgment was granted after proposals for settlement expired so CSK’s client can pursue a portion of its attorneys’ fees and costs.
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