Question
On September 12, 2020 Bart Buyer and Sam Seller entered into a written contract; Mr. Buyer agreed to purchase Mr. Seller's office building (located in
On September 12, 2020 Bart Buyer and Sam Seller entered into a written contract; Mr.
Buyer agreed to purchase Mr. Seller's office building (located in Indian River County) for
$875,000. The closing took place on November 2, 2020. Prior to closing, a title
examination was conducted; there were no apparent problems with the title and a title
insurance commitment was issued prior to closing. On November 5, a title insurance policy
was issued to Mr. Buyer. On November 8, 2020 the State of Florida approved a highway
project that would affect Mr. Seller's office building. Most likely the building would be
purchased by the state (through eminent domain) in order to complete the highway. Can
Mr. Buyer make a claim under his title insurance policy since his title will be affected by
the looming eminent domain? Explain your answer.
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