Top five real estate attorney malpractice claims
According to the American Bar Association (ABA), real estate-related claims are now the most frequently filed among legal malpractice claims. Attorneys are held to a high standard of service, and if their service falls below this standard and the client suffers as a result, that attorney can be found to have been negligent, and be sued for malpractice.
Below are the most frequent of claims filed by clients against their attorneys.
- Inaccurate property description—an error is made in the preparation of a deed
- Cash back at closing fraud—buyer and seller collude to inflate purchase price in order to receive cash back at closing
- Vague lease language—a form lease agreement wasn't properly amended to protect the client's interest.
- Inadvertent attorney-client relationship—answering unrepresented party's questions at closing can inadvertently create an attorney-client relationship
- Attorney acting as escrow agent—holding escrow funds and letting a balance fall below full amount and/or releasing funds without an agreement from both parties