Just finished ALTA survey and all was ok , when Attorney emails me I need to add these 6 or 7 additional names to the certification . This kind of last minute change really sets me off . I thought about it hard overnight and decided that I certified to the owner and if they want the additional names added that I would need to see were the title policy insured those names as well . Why should I be on the hook to additional parties and not them .
Whats your opinion ?
Excellent thought process and I whole-heartedly agree with you. It probably won't get too far though.
DJ-
We do not "Do ALTAs" here in Ontario but I might suggest that you ask if the lawyer is certifying the quality of title to the other persons/entities and have it in writing from her/him.
YOS
DGG
It's not that uncommon to have that sort of modification.
Yep, it irks me too that they drop it on the last minute.
"hey mr serveyer, we need 6 new prints, we are closing at 10:00 this morning, and we have everything else but the survey, can you deliver then right now..."
"oh, btw - please add these 5 other names in the certification"
--- Yep, been there ---
charge accordingly, or refuse to do it.
I wonder what would be considered a normal fee for this type of revision?
Anymore I expect changes like that. I am going to have to make these kind of changes on a ALTA I did in August.
Sometimes I think surveyors think we can only be held liable by the people that we certify the survey to. I don't think this is the case, and I believe anyone that would reasonably rely on our survey can sue us.
Get as much as you can!
This is a material change.
When you 'add to' your cert list, you just have given these additions a free pass to sue you without having to prove that you owed them any 'duty'. Remember, it costs just as much to defend yourself whether you are guilty or not. How much of your retirement money are you willing to risk?
Do you really wonder why title insurers feel that they can use the same survey forever?
Limit your liability and make your work worth something, dimbulb, instead of giving away the store!
Richard Schaut
It would be in my contract....
Next thing I will tell them for the price of the survey each . I will add the additional names to their own survey . Whats the difference . I will be responsible for them anyway they should pay for it.
WHAT?!
> Next thing I will tell them for the price of the survey each . I will add the additional names to their own survey . Whats the difference . I will be responsible for them anyway they should pay for it.
Well - I hope they understand what you are saying - I certainly don't!
Please keep us posted on how this unfolds. Good luck!
That is an interesting thought and I agree with you.
Was their name on the contract or in the list of owners or people that you had to work with. Most groups will have a name for their group or corporation and if that is the case I would use that.
I would only certify to who made the survey request and responsible for payment.
If others want to have a survey in their name, they can contract me to provide them with a survey for a fee.
When a third party comes along and wants the information and certification of any survey, 10yrs ago or yesterday, they must understand that it is not all about pieces of paper and irons driven in the ground or time spent on the property.
It is not just about the labor.
A major part of our product is our professional service and placing a seal on the product.
That is a separate item and should not be confused with materials or labor.
WHAT?!
Are you serious . Add something constructive to the conversation .
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Don't criticize someone when a person with any modicum of understanding of the English language can't understand what you wrote.
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I don't mean to be insulting, but I'm having a hard time understanding what you wrote also. I am very interested in your thread though.
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Ok All I was saying , if they want the additional names added to the survey then I would provide each entity a separate survey . Then charge for the additional liability to each entity . Hope this makes it more clear.
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Gotcha, thanks.
How complicated was the survey? How much confidence do you have that either the title company or you were able to find everything of significance there is to find in the research? How much liability potential is there if you made a mistake or if you or the title company missed something significant? How much would it cost to carry that much insurance with your carrier on that project?
Come up with a price that would make you comfortable in carrying additional potential liability, then charge that much per name added. A good round number may be $500 per name on a maderatley complicated site, or maybe just use a number like 10% of the original contract amount per name. That should determine how serious the attorney is about the names added. Under no circumstances would I add the attorney or his/her firm as additional names.
