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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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