Legal Question in Civil Litigation in Florida

i want out of joint tenacy property with my rother but my brother is fighting me on selling the property so i got myself an attorney. the property is appraised at approx $7 million. my attorney has offered me $500,000. which is far below fair market value but i really do NOT care ...i want out....my question is this.....

would this be a legal transaction between attorney and client for me to sell him my half of this property. could my brother go after me or my attorney for any wrong doing


Asked on 2/04/10, 10:43 am

3 Answers from Attorneys
Robert Wilcox Wilcox Law Firm

It would, in my view, not be proper for your attorney to purchase the property from you while he is still serving in that role. If he wants to buy it, it should be an arms-length transaction, and you should have your own separate counsel during the transaction. He should know better.

Your creditors, should you have any, could go after you and the attorney. I doubt your brother could do anything about it, but that's really not the point.

Get another attorney. If you don't believe me, then call the Florida Bar at (850) 561-5600 and ask them.

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Answered on 2/09/10, 10:51 am
David Slater David P. Slater, Esq.

Not a good deal. An action in partition to force a sale, is your remedy.

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Answered on 2/09/10, 10:54 am
Lesly Longa Longa Law P.A.

This is not good. It's a conflict for your attorney to be offering to purchase the property from you. The fact that you have to ask other attorneys in a public forum for advice should give you a good idea that this attorney does not have your best interests in mind and is not doing his job. Fire the attorney and report him to the Florida bar. Then get another attorney to handle the partition for you and sell the property at something closer to fair market value. Regards,

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Answered on 2/10/10, 8:10 am


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