De Novo Review Blog

Title Agent Liability

By: Marty If a title agent acts as a closing agent and misidentifies the buyer on closing documents, can the title agent be liable to the buyer? Yes. “It is well-established that a title insurance company acting as a closing agent has the duty to supervise a closing in a ‘reasonably prudent manner.’” Askew v. […]

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Punitive Damages

By: Marty Can a plaintiff seek leave to amend to assert punitive damages when the allegedly fraudulent conduct arises from a contractual relationship? No. “The general rule is that punitive damages are not recoverable for breach of contract, irrespective of the motive of defendant.” Lewis v. Guthartz, 428 So. 2d 222, 223 (Fla. 1982). “It […]

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