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Attorney "forgetting" to send out contract

Started by nyc212
over 17 years ago
Posts: 484
Member since: Jul 2008
Discussion about
Hi. I need your input. I was recently able to get a decent offer for a unit I've been trying to sell for almost 2 years. Yay! Anyhow, I retained an attorney for him to prepare and send out the contract. He said that'll be done in a day or two... Then he disappeared. The my agent and I called--called--and called. He kept on saying "the contract already went out!" Then, a couple of weeks later, we found out that the contract never went out. In the end, we lost this offer. Naturally, I am really upset! Here is my question: My friends, do you think this calls for a lawsuit? If so, what do you think would be a reasonable claim (amount-wise)? Thanks for reading this...
Response by kylewest
over 17 years ago
Posts: 4455
Member since: Aug 2007

This is bizarre. Forget the attorney's actions. I don't get yours. This is not a complex situation. Why on earth would you and your agent "call and call and call" and then let WEEKS go by? Your agent calls the prospective buyer/agent and says, "Do you have the contract?" They say, "no," and you say to your lawyer send another one today. How can weeks go by without you knowing the buyer didn't get it? The attorney is wrong, but since you were the one who stood to lose everything, how hard was it to follow up with the buyer and identify the problem before "weeks" went by? I'm sorry you lost the sale, but I don't get how this happened from your end.

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Response by uptowngal
over 17 years ago
Posts: 631
Member since: Sep 2006

Your attorney has a fiduciary obligation to protect your interests. Sounds like in this case it didn't happen You should report him/her to the local bar association.

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Response by tech_guy
over 17 years ago
Posts: 967
Member since: Aug 2008

You still plan to sell, right? And you'll need a new attorney? Consult with him/her on this issue as well.

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Response by kylewest
over 17 years ago
Posts: 4455
Member since: Aug 2007

Yes, you can file a grievance with the disciplinary committee of the Appellate Division: Manhattan and Bronx = Appellate Division, 1st Department. Brooklyn, Queens, and Staten Island = Appellate Division, 2nd Department. For more information see, http://www.nysba.org/Content/NavigationMenu/PublicResources/UnhappywithaNYAttorney/Unhappy_with_a_NY_At.htm

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Response by nyc212
over 17 years ago
Posts: 484
Member since: Jul 2008

Thank you, all, for your insightful input. I will proceed with the grievance process. He has the nerve to continue to bill me, by the way.

kylewest, thanks for the link. I really appreciate it. Also, believe me, my agent, the buyer's atty, and I kept on calling him until we were blue in our faces, and he kept on saying the contract had been FedExed... I still had faith in humanity...

I learned my lesson--an expensive one in today's horrible market.

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Response by inoeverything
over 17 years ago
Posts: 159
Member since: Jan 2007

Look for another place! You are not going anything substantial.

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