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 鈥� an error is made in the preparation of a deed
- Cash back at closing fraud 鈥� buyer and seller collude to inflate purchase price in order to receive cash back at closing
- Vague lease language 鈥� a form lease agreement wasn't properly amended to protect the client's interest.
- Inadvertent attorney-client relationship 鈥� answering unrepresented party's questions at closing can inadvertently create an attorney-client relationship
- Attorney acting as escrow agent 鈥� holding escrow funds and letting a balance fall below full amount and/or releasing funds without an agreement from both parties
April 2018
Related resources
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 鈥� an error is made in the preparation of a deed
- Cash back at closing fraud 鈥� buyer and seller collude to inflate purchase price in order to receive cash back at closing
- Vague lease language 鈥� a form lease agreement wasn't properly amended to protect the client's interest.
- Inadvertent attorney-client relationship 鈥� answering unrepresented party's questions at closing can inadvertently create an attorney-client relationship
- Attorney acting as escrow agent 鈥� holding escrow funds and letting a balance fall below full amount and/or releasing funds without an agreement from both parties
April 2018
Related resources
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 鈥� an error is made in the preparation of a deed
- Cash back at closing fraud 鈥� buyer and seller collude to inflate purchase price in order to receive cash back at closing
- Vague lease language 鈥� a form lease agreement wasn't properly amended to protect the client's interest.
- Inadvertent attorney-client relationship 鈥� answering unrepresented party's questions at closing can inadvertently create an attorney-client relationship
- Attorney acting as escrow agent 鈥� holding escrow funds and letting a balance fall below full amount and/or releasing funds without an agreement from both parties
April 2018
Related resources
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 鈥� an error is made in the preparation of a deed
- Cash back at closing fraud 鈥� buyer and seller collude to inflate purchase price in order to receive cash back at closing
- Vague lease language 鈥� a form lease agreement wasn't properly amended to protect the client's interest.
- Inadvertent attorney-client relationship 鈥� answering unrepresented party's questions at closing can inadvertently create an attorney-client relationship
- Attorney acting as escrow agent 鈥� holding escrow funds and letting a balance fall below full amount and/or releasing funds without an agreement from both parties
April 2018