how to sue my real estate attorney

Obtain a copy of your case file from your attorney. Gather any other documents that pertain to the case the attorney handled, including bills from your attorney and the contract you signed. If your attorney is not returning your calls, send a letter specifying the reason why you called to create a paper trail.

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Can I sue someone without having a lawyer?

Find out more about filing a complaint against a licensed real estate agent or business in the California DRE website, or contact the California DRE Public Information Line at (877) 373-4542, the website’s address. How Do You Know If A Realtor Is Lying? A wall that isn’t load-bearing probably weighs a little bit more. “Up and coming” neighbourhood.

Should I hire a lawyer to sue my creditor?

Do I Need an Attorney to Sue a Real Estate Agent? If you believe you have been wronged by your real estate agent, you should immediately consult with a skilled and knowledgeable real estate attorney in your area. An experienced attorney will help you understand the specifics of your case, and help you determine if you have a valid legal claim.

How long do I have to sue my Lawyer?

Suing and Claims Against Real Estate Agents - Whitney, LLP Attorneys to sue and make claims against MD real estate agents for negligence or fraud. Free Consultations, No out of pocket fees or expenses. CALL FOR A FREE CONSULTATION(410) 583-8000 About Whitney, LLP Contact Our Attorneys Daniel W. Whitney, Sr. Daniel W. Whitney, Jr. Joel S. Richardson

How do you sue someone without a lawyer?

Oct 21, 2021 · You may want to sue your attorney for malpractice if the attorney made significant errors while representing you, sent you a bad check, failed to contact you, or settled your case without your permission. Lawyers are bound by the standards of the bar association in the state where they are licensed.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

What happens when you sue someone?

When you sue, you can get compensation for any financial injury that you suffered. Accordingly, you should gather evidence that shows the dollar amount of your injury. For example, you could get the following: Itemized bills from a contractor or carpenter if you had to hire someone to repair the home.

What to do after a defense attorney questions a witness?

After the defense attorney questions the witnesses, you will get to cross-examine them. Your goal should be to undermine the witness's credibility in front of the jury. For example, you could show how the witness made inconsistent statements by confronting the witness with a statement made in a deposition.

How to serve a notice to a defendant?

Serve notice on the defendant. You have to give the defendant notice that you have filed the lawsuit so he or she has a chance to respond. You can give the notice by sending a “summons,” which you can get from the court clerk. Also send a copy of your complaint along with the summons.

What is fraud in real estate?

Generally, fraud consists of any deliberately false statement which was made to get you to purchase real estate. To sue, you need to gather evidence of the fraud and then draft a “complaint,” which you will file in civil court.

What is a request for production?

You can make a request for production to uncover copies of any document that relates to the lawsuit. For example, you might want copies of all emails that mention the sale of your house. Requests for Admission. You state facts and request that the defendant admit or deny the truth of the statement.

What happens if a seller doesn't disclose defects or liens?

Undisclosed problems in the home. If the seller or the seller's agent doesn't disclose defects or liens, then you might have been the victim of fraud. Predatory lending.

What is the purpose of discovery in a lawsuit?

Most lawsuits have an extensive fact-finding stage called “discovery.” The purpose is to let you uncover all relevant evidence that relates to your lawsuit so there will be no surprises when the trial starts. You can request information using the following discovery techniques:

What is a suing agent?

Generally, suing an agent for non-disclosure of important facts. Failing to disclose that repairs that were performed on a house for sale were performed in a substandard way. Real estate agent for the seller being aware of structural defects and failing to disclose them to buyer.

What are the legal claims against real estate agents?

Legal claims and lawsuits against real estate agents can include: 1 Generally, suing an agent for non-disclosure of important facts. 2 Failing to disclose that repairs that were performed on a house for sale were performed in a substandard way. 3 Real estate agent for the seller being aware of structural defects and failing to disclose them to buyer. 4 Real estate agent for seller being aware of flooding and failing to disclose it. 5 Real estate agent keeping deposit money and failing to return it after a purchase falls through. 6 Real estate agent for buyer or seller charging fees that the client did not agree to pay. 7 Real estate agent representing a termite inspection was performed when it was not. 8 Real estate agents failing to disclose that there was an active bed bug infestation in a house. 9 Real estate agent telling their buyer client that they will schedule inspections, and not scheduling them, but representing them as being done.

What is fiduciary duty?

A fiduciary duty is the highest level of duty under the law, and is attributed to several categories of licensed and trained professionals, including but not limited to real estate agents, who represented members of the public, and enter into relationships where the professional is trusted to provide advice and guidance that the client would not otherwise have.

What are the fiduciary duties of a real estate agent?

These are the fiduciary duties that a real estate agent owes to their client, and examples of what those duties mean: Duty of Loyalty – A real estate agent owes a duty of loyalty to their client. This means that the agent has to put their client’s interest ahead of their own interests.

What is the duty of confidentiality?

Duty of Confidentiality – A real estate agent owes a duty of confidentiality to their agent. This does not mean that if a seller tells their agent there is a problem with the property being sold the agent must keep it secret, because an agent has another duty, discussed below, to disclose all material facts.

What happens if a real estate agent does not follow the law in Maryland?

When they do not follow these laws and regulations, and a consumer suffers a loss, the consumer can and should seek legal representation to determine how best to take action against the agent to recover for the loss.

How much commission do real estate agents make?

Most real estate agents made 2.5% to 3% commission on the sale of a property once the sale closes. If there is on closing, they do not make a commission. That creates a huge financial incentive to get the deal done. When it goes wrong, sometimes a home buyer’s only option is to sue their real estate agent.

What happens if an attorney breaches a contract?

If your attorney failed to adhere to specific terms in your contract with him or her, then your attorney may have breached the contract. Failing to file an action, research a specific item, or file a lien are some examples of how an attorney may breach a contract.

What is proximate cause of attorney breach?

Proximate cause is that the harm is reasonably foreseeable and not too far removed from the action to be attributable to it.

What are the three types of malpractice suits?

There are three basic categories for a legal malpractice suit: negligence, breach of fiduciary duty , and breach of contract. Keep in mind that you must also be able to prove that your attorney's conduct hurt you financially and, as a result, you suffered financial consequences.

How long does a malpractice suit last?

The statute of limitations -- essentially, the "expiration date" -- for some malpractice suits can be as little as a year. If you believe your attorney is guilty of malpractice, don't delay in contacting an attorney and filing your suit. Thanks! Helpful 0 Not Helpful 0.

What is the fiduciary duty of an attorney?

As part of an attorney’s fiduciary duty to the client, if an issue arises in which an action taken for the client’s benefit will likely cause harm to the attorney, the attorney must act in the client’s benefit in spite of the harm to self.

What is quantifiable damages?

You must be able to prove quantifiable charges in a legal malpractice suit. Quantifiable damages are those that can be easily reduced to a monetary value. They generally do not include punitive damages (those meant to punish the offending attorney) or any money to compensate you for pain and suffering.

How to get a paper trail?

1. Obtain a copy of your case file from your attorney. Gather any other documents that pertain to the case the attorney handled, including bills from your attorney and the contract you signed. If your attorney is not returning your calls, send a letter specifying the reason why you called to create a paper trail.

What to do if you have a breach of contract with a builder?

It is important to contact a construction attorney if you have a problem with a home builder/developer construction breach of contract matter. An attorney can negotiate a resolution with the builder/developer or file a lawsuit on your behalf. The attorney is experienced in the law and can advise you regarding your legal rights and remedies.

What happens if a builder goes out of business?

If the home builder or developer goes out of business, you may be able to recover damages from their insurance company. If you put a deposit down on your new home, and the home was not completed, you may be entitled to cancel the contract and get your deposit back from the builder/developer.

How to protect yourself from shoddy construction?

One way to protect yourself is to only deal with reputable home builders and developers that have been building homes in the area for awhile and have an established relationship in the community. Check out the builder/developer's reputation and see if any complaints have been filed against them with the better business bureau. Find out what percentage of their homes are finished on schedule, and if they were within budget. Educate yourself to recognize shoddy construction. By taking a pro active role in the construction of your home, you can help to minimize any problems.

Can you recover damages for a breach of contract?

You may be able to recover your damages for out of pocket costs and reasonable attorney's fees as a result of the builder's/developer's breach of contract. These matters can get expensive if you have to litigate them so be sure the amount of money you are out of pocket justifies the litigation costs.

Can you sue a builder for a breach of contract?

Lawsuits against a home builder/developer during construction occur when the builder/developer breaches the contract terms. If there are repairs or work that has not been completed, you may be able to hold back payment if your contract terms provide for this remedy. Check your contract first to find out what other actions you may take against ...

Can you sue a builder for emotional distress?

Keep in mind though that there are no punitive and/or emotional distress damages that are awarded to homeowners when the builder/developer breaches the contract. If your home builder/ developer goes out of business, you may be able to sue their insurance company and get damages from them.

Why do real estate agents get sued?

Most Common Reasons Real Estate Agents Get Sued. Real estate agents often face lawsuits when they are negligent in duties or responsible for injury, and this could occur if the agent is the person held accountable for disclosing property defects to the buyer. Other real estate agents face civil litigation because they engage in fraud and scams ...

Why do real estate agents face civil litigation?

Other real estate agents face civil litigation because they engage in fraud and scams that could harm the buyer and seller. Real estate dealings often increase the possible litigation that occurs when the professional either fails to properly accomplish his or her job correctly or when the agent engages in fraudulent actions.

What happens if a client believes that the real estate agent knew something about an issue but did not say anything?

If the client believes that the real estate agent knew something about an issue but did not say anything or take action, the buyer or seller may hire a lawyer to pursue a claim. Sometimes, the client will explain that the matter involved fraud, and often there is no proof.

What happens if a real estate agent fails to provide details?

If the agent fails to provide details or does not keep to the strict deadline, the buyer or seller may lose out in the deal. Some real estate agents do not perform the necessary duties under the terms that the contract specifies, and this could lead to further difficulties for the buyer or seller. If the real estate agent violates the conditions in the contractual agreement, the client may take legal action against him or her. Other possible breaches may involve negligence, a breach of duty and even fraud in conjunction with the breach of the contract.

What is the role of a real estate agent?

The real estate agent has an obligation to explain and provide details for issues he or she identifies during a walkthrough or assessment of a property. It is important that the buyer or seller understands these matters before signing the closing documents. Otherwise, the buyer or seller may sue the agent to recover damages from the issue. The buyer may need the money to repair defects and damage while the seller will often sue the agent when the buyer attempts to sue him or her or must acquire the funds from the seller. In these situations, a lawyer is often part of the process from the beginning.

What are the actions that could lead to a civil suit?

Some of the actions that could lead to the civil suit include the failure to identify and advise items on a contract with the buyer or seller, breaches in contracts and negligence. Knowing what to look for and avoid, the real estate agent may prevent possible civil litigation for common reasons they are sued.

Why do you need a lawyer for a buyer?

The buyer may need the money to repair defects and damage while the seller will often sue the agent when the buyer attempts to sue him or her or must acquire the funds from the seller. In these situations, a lawyer is often part of the process from the beginning.

3 attorney answers

I'll agree with the other two attorneys that the probate lawyer involved can answer the question of your standing under WV law. Technically, the med mal attorney's only client was the estate, which is a separate legal entity. If the probate attorney cannot answer that question, then seek out another med mal or plaintiff's personal injury attorney.

Thomas J Callahan

Substantially more detail is required for a thoughtful answer. You should contact the probate attorney handling the estate to ask this question. Or, you could retain your own probate attorney for a review of the facts and circumstances surrounding your situation...

Eric Jerome Gold

I'm betting there was more than one firm involved. If so, I suggest you contact the probate atty and ask him this question.