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I'm a Mortgage Agent with the Mortgage Centre and I helped a…

Hello there, I'm a...

Hello there, I'm a Mortgage Agent with the Mortgage Centre and I helped a client with a mortgage and charged the client a broker fee, the Letter of Direction was signed by client and this LOD was sent to her lawyer and the Legal Assistant acknowledged receiving the LOD At time of funding the lawyer forgot to take the broker fees from the loan proceeds and now is asking me to contact the client and is basically saying I need to

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Contact client myself and that there is no money left over. My question is who is responsible for that money?

Lawyer's Assistant: Has any paperwork been filed?

Sorry, it is in the province of Ontario

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I just want to know where the responsibilty lies

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Answered in 47 minutes by:
1/17/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,030
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear that this happened to you.

When the agreement was signed what does it say exactly about how owes you the fee?

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Customer reply replied 7 months ago
Hello, will I get a reply or an swer to my question?
Customer reply replied 7 months ago
No, I don't want to spend more money - I just want an answer to my simple question. Are you not a real estate lawyer? if you can't answer it then can someone else answer it. I think it's a very simple question, is it not ?
Customer reply replied 7 months ago
I'm sorry but I'm getting a little exasperated at this point. It's not a difficult question. What is the purpose of the Letter of Direction then? The lawyer forgot to take my fees from the mortgage proceeds, so my question is wouldn't the lawyer be responsible to pay me now ?

I am not sure why you are so upset with me. I am not an employee of the site. I didn't ask for the call. It's an option the site offers. I am a senior lawyer in Ontario. I asked the question because the information is vital. The lawyer does not owe you the money. The lawyer erred and will owe someone the money but if you have to sue it is not the lawyer at all.

You would sue whomever the contract states is responsible for the fees. You would sue them and they would add the lawyer into the lawsuit.

There is something called privity of contract. You don't have a contract with the lawyer. You can only sue a party to your contract.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 7 months ago
I understand that it would not be the lawyer I would sue, however, given the lawyer forgot and erred why would he not be held responsible to help me recover the money ? Why would I need to go back to the client when it was not my error. The system is really not fair. Shouldn't the lawyer have a fund for errors and omissions, similar to the banks so when these situations occur they can take it from this fund and then go after the client.

The lawyer of course has insurance but the lawyer doesn't have to use their insurance. It's their choice.

And the lawyer will be liable to the client. But the lawyer was not your lawyer and is not liable to you.

The system is fair. You will get your money by suing the person that owes it to you. That person will sue the lawyer if the lawyer erred.

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Customer reply replied 7 months ago
Ok , thank you

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,030
Experience: Lawyer
Verified
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