In the Spotlight: Ordering Title Searches When Negotiating a Lease

As tenant's counsel, did you ever think it was good practice to order a title search when your client contemplated putting in expensive improvements or in other situations where the lease may have value? The cost is modest, and the information obtained by such a search can reduce the risk of your client's being hurt by unintended adverse title matters. It may never have crossed your mind that the failure to discuss this option with your client could amount to professional malpractice, except in the most obvious of circumstances. However, you may want to read Davin, L.L.C. v. Daham, 329 N.J. Super. 54, 746 A.2d 1034, a case decided by the Appellate Division of the Superior Court of New Jersey in 2000 before you decide to skip a discussion with your client as to whether a title search is needed.