Case Study: Title Dispute

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A real estate developer entered into a purchase and sale agreement with a farmer for a tract of land on which to construct single family homes. When the title search proved that the seller could not deliver good and marketable title, the buyer demanded an extensive instrument survey. The farmer refused to pay for the survey and threatened to retain the $50,000 deposit. The parties filed cross actions that promised to lead to several years of extensive and expensive litigation. In the interest of time, money and the desire to preserve the opportunity for both, the parties agreed to mediate.

Result
Focusing on mutual interests with the help of a trained mediator, they settled their dispute and scheduled a closing soon thereafter.