1.38 Liability of Abstracters and Examiners

• Library: Real Estate Practice Deskbook (2019 Ed.)

J. (§1.38) Liability of Abstracters and Examiners

Before the decision in Thorne v. Johnson, 483 S.W.2d 658 (Mo. App. W.D. 1972), an abstracter was liable for five years beginning with the date of the delivery of the abstract. Section 516.120, RSMo 2016. See also Rankin v. Schaeffer, 4 Mo. App. 108 (E.D. 1877); Schade v. Gehner, 34 S.W. 576 (Mo. 1896). See generally the discussion of Thorne in Stuart W. Conrad, Limitation of Actions—Accrual of Action Against Abstracter: Missouri Changes the Rule, 38 Mo. L. Rev. 685 (1973). Before Thorne, the theory of the action was based on contract, with a breach of the contract occurring upon delivery of the faulty abstract. For a discussion of and decisions based on privity of contract, see Anderson v. Boone County Abstract Co., 418 S.W.2d 123 (Mo. 1967), and Slate v. Boone County Abstract Co., 432 S.W.2d 305 (Mo. 1968).

In Thorne, 483 S.W.2d at 662, the court held that the five-year statute of limitation for an abstracter's...