Mark Properties, Inc. v. National Title Co.

OPINION

By the Court,

Rose, C. J.:

SUMMARY

This case concerns the scope of an escrow agent’s duty in a real property transaction involving a “double escrow.” Specifically, we are presented with the issue of whether an escrow agent has a duty beyond that set forth in the escrow instructions to apprise a party to the escrow, and an alleged principal who is not a party to the escrow, of suspicious facts surrounding a “double escrow” transaction.

After a pretrial hearing, the district court granted summary judgment in this negligence and breach of fiduciary duty action, finding in part that an escrow…