KREISERS v. FIRST DAKOTA TITLE LTD. P'SHIP

Nos. 26809, 26818.

852 N.W.2d 413 (2014)

2014 S.D. 56

KREISERS INC.; David H. Larson; David A. Larson, Jr.; Christopher N. Larson; Scott R. Larson; and Philip L. Johnson, Plaintiffs and Appellees, v. FIRST DAKOTA TITLE LIMITED PARTNERSHIP d/b/a First Dakota Title and d/b/a The Title Resource Network, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 30, 2014.


Attorney(s) appearing for the Case

Timothy M. Gebhart , Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, for plaintiffs and appellees.

Thomas K. Wilka , Hagen, Wilka & Archer, LLP, Sioux Falls, South Dakota, for defendants and appellants.


GILBERTSON, Chief Justice.

[¶ 1.] Kreisers Inc. hired First Dakota Title to assist it with a like-kind property exchange in order to receive tax deferred benefits under 26 U.S.C. § 1031. After a partial failure of that exchange, Kreisers sued First Dakota for negligence and negligent misrepresentation. The circuit court determined that First Dakota was negligent in assisting Kreisers with the exchange. First Dakota appeals. We affirm.

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