Legal Question in Real Estate Law in Florida
responsible?
An attorney closed on a property/house transactions, 4 years ago. The atttorney is now claiming there were taxes due at closing which he did not find out about, or included in the closing. Is the attorney resposible for this oversigt in his work? and can he take action against the original seller.
1 Answer from Attorneys
Re: responsible?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The attorney may be responsible. It depends on what the amounts are due for. Was it the Seller's responsibility and the attorney forgot to charge for it? If so, I think you have a good argument. If the attorney failed to collect and refuses to pay this amount, then he or she may be responsible in a court of law for any damages you might incur.
You can also take action against the Seller which the attorney should volunteer to handle for you at no charge if it was his/her error. You should review all the facts of this matter with a different attorney if the first attorney will not cooperate.
Scott R. Jay, Esq.
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