I was asked today (for the hundredth time) to certify to "its successors and/or assigns". I've always gone around and around about it. Some time ago I started asking "how can I certify to unknown parties?". Only once or twice did it go farther than that. When it did, I simply stated that E&O wouldn't cover any part of the survey if I did. It works. Just thought I'd pass it along in case anyone else is being badgered about certifying to "successors and assigns".
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
Successors and/or assigns is only a mere scheme to protect the attorney on all the options and looking out for his client. Make it more interesting by putting a statement on your survey that it only pertains to the "instant of time" of the survey. That will make for much more work for the attorneys and will relieve you of almost any liability.
Pablo B-)
:good:
Your agent is proud of you Stacy.
Larry P
What I have noticed is that the Title Insurance Commitments that I have seen list the insured lender almost always including its successors and/or assigns. I think it is because when the mortgage is sold (which nowadays is almost always) it will still be covered by the title insurance. So I image the title company will want you to do the same, so that they do not shoulder all of the liability.
In my opinion ...
whether you leave that on your survey or not doesn't make a bit of difference. From everything I have seen if a successor or assign reasonably relies on your survey you may be liable The example above of a mortgage holder is a perfect example. The only thing that you can reasonably expect to protect you is a statute of limitations.
:good: :good: Works for me, when I am asked to do this it just gets me riled up.
Randy
In my opinion ...
> whether you leave that on your survey or not doesn't make a bit of difference. From everything I have seen if a successor or assign reasonably relies on your survey you may be liable The example above of a mortgage holder is a perfect example. The only thing that you can reasonably expect to protect you is a statute of limitations.
That's what I think as well. Has any surveyor been able to successfully avoid liability by claiming that the party suing them was not named in the certification? And if the party truly is a legal successor or assigned party to the entity that you originally certified, isn't your certification going to be to them as well implicitly anyway? It seems like a weak argument to make.
In my opinion ...
When this has come up before, one answer seemed to be that certifying to others than the client did not open one to more ultimate liability, but did remove the step, for someone filing suit, of proving they were entitled to rely on the work, which those successors could probably prove.
In my opinion ...
"The only thing that you can reasonably expect to protect you is a statute of limitations."
Sad but true...
In my opinion ...
> "The only thing that you can reasonably expect to protect you is a statute of limitations."
>
> Sad but true...
Unfortunately, the statute of limitations in Florida starts at discovery. So for the most part, we don't have a statute of limitations.
> What I have noticed is that the Title Insurance Commitments that I have seen list the insured lender almost always including its successors and/or assigns. I think it is because when the mortgage is sold (which nowadays is almost always) it will still be covered by the title insurance. So I image the title company will want you to do the same, so that they do not shoulder all of the liability.
yes, paper gets sold very quickly, sometimes just moments after it is created. I have always considered that a given.
The following is Straight out of the mouth of a Title Company Underwriter:
"That Survey is good forever for us to insure on!"
and in my small opinion, you have signed a forever survey and the state statute of limitations will probably not apply, because you gave it to them forever or should we say until the property configuration changes
Dig me up from the cemetery
My guess is that someday, long after my demise, some aggravated successor to some property I have surveyed will try to exhume my body to check any pockets for cash to which they feel entitled for some alleged misdeed I committed just so they could be injured.
I know of at least two
Surveyors who had their records destroyed after their deaths (Georgia is not a required recording state) so their families would not have to worry about being sued. We now have a good Statute of Limitations though.
Andy
I know of at least two
> Surveyors who had their records destroyed after their deaths (Georgia is not a required recording state) so their families would not have to worry about being sued. We now have a good Statute of Limitations though.
>
> Andy
Did the Georgia surveyors avoid the "Delayed Discovery Rule" where the statute of limitation runs from when the error was discovered (not the date of survey)?
I know of at least two
In Georgia, our Statute of Limitations runs from the date of survey. There is NO discovery clause.
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
Tennessee has a 4 year statute of repose.
The only time this ever comes up is when we certify to ALTA or TSPS standards. My "standard" answer is that the second that I deviate from the prescribed certification, it no longer is that type of survey and the standards state the I have to enumerate each person being certified to. That generally shuts them up. I'll keep the E&O in my pocket for a backup though. 🙂
In my opinion ...
Same in AZ...