You decided to sell your home a few years ago and took all the right steps to ensure a seamless transaction. You diligently worked and researched to hire the right real estate agent and attorney to make the deal complete. The attorney wrote and reviewed a contract while the real estate agent marketed and sold your home. Everything was good, right?
Now, with the home well in your rearview mirror, you get a letter in the mail saying the buyer wants to take legal action against you due to a discrepancy in the contract. You thought you took all the necessary steps to avoid a problem, but now this one can't be ignored. How do you proactively resolve the case? Can the attorney who caused the error be held responsible?
Determining legal malpractice
Real estate contracts are complex and deal with many legal aspects outside of the property itself. When determining whether or not legal malpractice occurred, the devil is usually in the details. Now that litigation is on your doorstep; the previously unforeseen error could be glowing in bright red.
When you hire an attorney, you do so with a significant level of trust in their ability to do their job correctly. If a real estate attorney costly litigation or time-consuming paperwork that could have been avoided as their client, you may have an argument for legal malpractice.
Proving a case
Winning compensation in a legal malpractice case requires a twofold effort. First, you must show that the actions of the attorney resulted in measurably adverse consequences for the client. Second, you have to show that the case would have turned out differently had the attorney not acted negligently.
Real estate errors are unsettlingly common and can compound themselves into expensive litigation. If you find yourself in this unfortunate situation as a result of another attorney's error, it could be time to file a legal malpractice lawsuit.
Why hire an attorney after the first one failed?
Losing the trust of an attorney can make it difficult to want to hire another one to fix the problem. However, legal malpractice attorneys are focused on finding the errors within a case with the goal of fixing the mistakes of others.
Through identifying legal malpractice and understanding the steps to take when it is recognized, buyers and sellers in real estate can be more confident in their transactions.