Legal Question in Real Estate Law in New York

My Lawyer trick me day of closing

Buying a house 250k, lawyer was recommended by real estate agent. Never met in his office always through the agent. The house was 10% down payment on the contract,then changed to 25% because it was commercial. (Keep in mind the Agent already new that and lawyer.)We were recommended to a Mortgage Broker through the RE Agent, that told us we will have the money day of closing through the refinance of our Coup.He contacted our Lawyer and assure him we had the money.A day before closing our Lawyer met with us at the RE Agents office to tell us to sign some papers piror to close.The next day went to close and found out that the refinance for our Coup didn't go through.Our Lawyer stated that since we were minorities with no money he will lend us the money of $60,000. And we put down $35,000.plus the mortgage of $170.000.That day we signed a lot of papers that we didn't understand.Later it turn out that our Lawyer has 2/3 of our house and we have 1/3. He stated he has a contract that we signed a day before closing that the house will be sold in the open market and he will get 2/3.Our Lawyer knew our house was selling under price at the value of $400.000.Now it's a year, and he wants to sell our house and not take his money.


Asked on 10/19/03, 10:32 pm

5 Answers from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: My Lawyer trick me day of closing

Sounds like you have a malpractice action. Feel free to contact me if you would like to discuss.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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Answered on 10/20/03, 1:53 am
Walter LeVine Walter D. LeVine, Esq.

Re: My Lawyer trick me day of closing

Sounds like you have possible claims against the attorney and the broker. I suggest hiring another attorney to review the deal and consider your claims. However, with the time that has passed the value of you claim reduces. I suggest acting ASAP, plus contacting the local bar ethics committee to see if you have an ethics claim also.

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Answered on 10/20/03, 9:58 am
Seth Kaufman Seth M. Kaufman

Re: My Lawyer trick me day of closing

You need to consult with a qualified attorney as soon as possible. Your description is a little unclear, but if your lawyer misled you in any way in the course of representing you, and as a result has gained an advantage in the same transaction, there is a serious problem that needs to be corrected. I am very expereienced in real estate financing and sales transactions, as well as title issues and litigation. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the intial consultation.

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Answered on 10/20/03, 10:27 am
Daniel Clement Law Offices of Daniel Clement

Re: My Lawyer trick me day of closing

You should immediately retain counsel. It certainly sounds as though your attorney acted unethically in some prohibited conduct. You quickly need to protect yourself.

Daniel Clement

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Answered on 10/20/03, 10:36 am
Arnold Nager Arnold H. Nager, Esquire

Re: My Lawyer trick me day of closing

File a complaint with the Bar Association ASAP. You also should consult with another attorney to review your rights.

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Answered on 10/20/03, 8:57 pm


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