Bass v. Farr

The Basses (plaintiffs) hired attorney Farr (defendant) to research title before they purchased commercially zoned land to renovate and resell as an office building. Farr found an old deed restriction limiting the property to residential use but concluded it was null given the property's long history of commercial zoning and use, so he certified the title as marketable. Relying on that opinion, the Basses bought the property, but when American Security later contracted to buy it from them, a neighboring landowner told American Security's representative about the residential restriction, and American Security refused to close, deeming the title unmarketable. The Basses sued Farr for negligence and American Security for breach of contract. The jury found Farr not negligent, and the trial judge separately found the title was in fact unmarketable, ruling for American Security; the Basses appealed, arguing these two rulings were inconsistent.