What recourse do I have when my lawyer did not record a deed properly?
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What recourse do I have when my lawyer did not record a deed properly?
My wife and purchased a home with her grandmother 9 years ago. On the offer to purchase it
was stated that my wife and I would have rights of survivorship to the property. However, the original lawyer did not deed it in those terms and my wife and I thought it was worded correctly just legal lingo. We are now under contract and have just discovered this and her grandmother has been passed away for 2 years. What possible recourse do we have in this situation? The tax implications for the heir to the other 1/2 of our house could be in thousands.
Asked on February 6, 2018 under Real Estate Law, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It is advisable to speak with an attorney who handles malpractice cases against other attorneys. Your County Bar association may be able to provide you with a referral to an attorney who handles legal malpractice cases.
Malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable attorney would have exercised under the same or similar circumstances to prevent foreseeable harm).
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