Legal Question in Legal Ethics in Florida
Diligence of Law Firm Representing Estate
I have an accpeted offer to buy a single family home from an estate. However, the attorney(s) representing the estate did not submit the necessary documents to probate court before the closing (scheduled 9 days ago). The offer was accepted 28 days prior to the closing date. Since then, they have done nothing except to say that they must make a dtermination about whether the documents simply need to be ''repackaged'' (resulting in a closing in 2-3 weeks, or whether formal approval will have to be requested from the court 9closing minimum of 8 weeks from that action). To my knowledge, no action has been taken whatsoever.
There is no specific clause in my contract to buy the house that allows for such a delay, so I think I'm not obliged to buy the house at this point. Please correct that assumption if its wrong.
Does this behavior by these attorneys constitute a failure to exercise diligence? Do I have a right to file a complaint before the bar as an affected party though not their client. Would such a complaint be valid, in your opinion? Is there any other recourse you can recommend to encourage this law firm to attend to this matter in a timely fashion? Thank you for your help.
1 Answer from Attorneys
Re: Diligence of Law Firm Representing Estate
Hi:
Without knowing all of the facts and circumstances it is impossible for me to make an accurate determination, and you should speak with a lawyer to determine your rights and remedies.
First, you put an offer in to buy a property from an estate and generally, when a property is offered for sale out of estate it is finished with probate from my experience.
That being said if you have suffered provable monetary damages and you believe they are causally connected to the failure of the estate to proceed with due dilligence, you may have a claim. Additionally, I do estate work, and I know that when you are dealing with probate, if all the i's are not dotted and t's not crossed to the court's satisfaction they will bounce back the documents which takes more time and effort.
I would suggest that you call the bar and discuss this matter with them in further detail. However, if you take this action, this may further delay your closing, and if you want the house you might think first before proceeding with this action.
If you speak with a lawyer you must tell them everything involving the transaction, especially if you knew the property was in an estate.
Good Luck
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