Balkind v. Telluride Mountain Title Co – Case Brief Summary (Colorado)

In Balkind v. Telluride Mountain Title Co. (Colo.App. 2000) 8 P.3d 581, a title company told the plaintiffs -- falsely -- that some real property they intended to buy was not subject to certain restrictions on its use. Before the sale occurred, the seller mentioned the restrictions to the plaintiffs, who also received title instruments describing them. (Balkind, supra, 8 P.3d at pp. 583-584.)

After the sale, the plaintiffs asserted fraud claims based on the title company's misrepresentations. (Id. at p. 587.)

In affirming summary judgment on the claims, the appellate court concluded that the information available to the plaintiffs precluded reasonable reliance on the misrepresentations. (Ibid.)