In lawyerless South Jersey real estate closings, title insurance agents and real estate brokers act as professionals, and suing them for negligence therefore requires an affidavit of merit, a state appeals court ruled on Thursday.

“If an attorney had participated in the closing and a suit had been brought against that attorney in the same circumstances, an affidavit would have been required,” the Appellate Division said in Waller v. Lomax and Lloyds & Handson Title Agency Inc., A-0955-09, affirming dismissal of a suit against a title agent.

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