Holding Attorneys Accountable For Real Estate Transaction Malpractice
When the real estate market was rising, errors and omissions when handling real estate transactions were often overlooked. If a particular property proved unsuitable for the intended use after a transaction was complete, it could often be sold at a profit with minimal harm. With the recent downturn in the real estate market, mistakes that were once inconsequential have become serious liabilities.
At the Florida law firm of St. Denis & Davey, we represent businesses and individuals who have been harmed as the result of a lawyer’s negligence or wrongdoing. Whether an attorney failed to disclose a conflict of interest or failed to resolve zoning issues, we have the experience to get results.
Types Of Errors In Real Estate Malpractice
Real estate malpractice may develop as the result of many different types of errors. We provide effective legal representation to address any concerns, including:
- Zoning issues: Real estate value is related to the freedom a landowner has to use the property. When zoning issues and other land use issues are not resolved before the real estate transaction is complete, the owner may be unable to use the property as intended.
- Title issues: A real estate attorney must fully examine the chain of title before a real estate transaction closes to ensure that there are no outstanding claims to ownership. Unresolved title issues can expose a property owner to costly and time-consuming litigation.
- Title insurance: Real estate attorneys should always advise their clients to obtain title insurance. The potential consequences of a defect in title are simply too severe to not take this extra precautionary measure. Unfortunately, some attorneys fail to provide this recommendation, and clients can suffer the consequences.
- Improper contracts: Contractual errors can be one source of significant liability for property owners. For example, an attorney may prepare contracts for a condominium developer without including language allowing the developer to use deposits for construction. If contractual language isn’t carefully selected, condo owners may be able to back out of their contracts and request refunds for deposits. Alternatively, poorly drafted language may provide insufficient means for a potential claim.
Real estate attorneys have a fiduciary duty to their clients, to prepare documents and conduct real estate transactions in a way that serves their clients’ best interests. A failure to do so could be considered a breach of an attorney’s fiduciary duties.
Contact Our Breach Of Contract Attorneys
We represent clients throughout Florida from our office in Jacksonville. When the market value of property is falling rapidly, property owners can be seriously harmed by faulty real estate transactions. To discuss potential real estate malpractice claims with a knowledgeable lawyer, call us at 1-800-785-2153. You can also email the firm anytime.