Legal Question in Real Estate Law in New Jersey

Why won't the attorney issue all funds from house closing?

Two months ago my cousin sold his house. The buyer's attorney was instructed to issue part of the monies in the form of a check and the balance was to be wired to another account. When my cousin called the bank to confirm receipt of wired monies, the bank explained that they never received any money.

My cousin called the attorney authorizing her to issue the remaining monies in the form of a check to his relative. My relative and I have constantly called this attorney's office, email address, and cell number, for at least a month and a half-no response until Monday, March 8, 2004.

She left a message stating she would be in her office all day March 10, 2004. My relative went to the office and waited for an hour. There is no receptionist, secretary, or answer from the attorney.

What are the legal procedures to obtain the monies. If this goes to court will be negligent attorney have to pay court fees in addition to monies my cousin did not receive?


Asked on 3/10/04, 4:08 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Why won't the attorney issue all funds from house closing?

Better than going to court, file a complaint with the local attorney ethics committee. Each county has an office. If anything improper has been done, the attorney risks loss of license. They usually act within a week or 2 of the filing of the complaint. The complaint is filed in the office where the attorney practices, not where you live, if it is a different county.

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Answered on 3/11/04, 10:39 am


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