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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3649
Experience:  Experienced real estate lawyer and real estate broker.
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When buying our property in upstate NY we used the same

Customer Question

When buying our property in upstate NY we used the same lawyer the seller used.
We wanted to get the property surveyed when told that a tax map cannot used in court.
The lawyer discouraged us telling it would be 5000 dollars plus and theré so much land we sjpukc not be concerned..
To put our mind at ease he sold us title insurance for 500 dollars.
We later learned that the title insurance without a survey is invalid..
This transaction dates back to 2009...Do we have any recourse against him? ...
We lost 1/3 of our 8.66 acres property after the seller had warranteed tbe deed.
Surely the plus/minus measurements cannot apply to that great a difference.
What is the value of the deed warranty in such case?
Thank you.
R.P
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 11 months ago.
Yes, you do. First of all, it is a conflict of interest for the same lawyer to represent both you and the seller, unless you both signed a waiver of that conflict of interest. Moreover, it is malpractice for him to sell you title insurance without the survey. I would suggest that you make a demand that he repay you for the fees that you paid him and also that he pay you for the 1/3 of the land that you lost. Tell him that if he does not repay you, you will make a complaint to the state bar and have him disbarred. The state bar will also make him pay you the damages. I suggest that you file the complaint if he doesn't pay your damages right away. Here is the link to file the complaint against him with the state bar: http://www.nysba.org/resolvingconflict/ Please rate the anwer 4 or 5 and close out the question. Good luck to you. I wish you all the best.
Expert:  WiseOwl58 replied 11 months ago.
Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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