Fraud/Attorney Complaint -- We hired a lawyer for real estate litigation.

[BeazleyM]

We hired a lawyer for real estate litigation. It’s a small civil case. The Seller failed to pay a commission with an offer we presented for our Buyer. The Seller made a deal with the Buyer’s son, and sold the property. We didn’t have a signed listing agreement, but we have emails between the Seller and us where he tells us to bring an offer so long as he can net a certain amount. Our attorney wants to only say that we had an exclusive listing agreement (which we don’t) and not do an alternative cause of action (fraud). Our attorney has no clue what he is doing. We have had to repeat ourselves numerous times, he misspelled our names, and now we received a counter claim asking for attorneys’ fees. We told our attorney we are not going to pay him until he gives us a gamelan on how to win, and he won’t’ do it. Now he is filing a motion to remove himself. What options do we have? What if we dismiss all charges? Are we then left with the counter claim? Should we file a bar complaint? HELP!

[AFFA]

I wish to inform you that even if you withdraw your claim then also counter claim is there and you can be held liable. Further you may pursue your action yourself as you deem correct. Email evidence can be shown in court in support of your claim for commission. As regards lawyer you may file a complaint at bar or you may pursue a civil case against the lawyer for loss caused by negligence.

AFF

[goddessoflubboc]

If you didn't have a signed listing agreement how do you think you will prevail?

My parents had the same thing happen, an agent got wind they were considering selling their property and she brought over some buyers. The husband was a lawyer, they made an offer right there in the back yard and he did the contract, the broker calls wanting HIS fee. Sorry, no listing, no fee.

[BeazleyM]

We expect a fee because we have emails from the seller saying "he is allowing us to represent both parties" and he told us in numerous emails the pricing and terms he wants. We basically negotiated with him until the final point and then he said "not interested" and made a deal with the Buyer's son. I suspect emails work to satisfy statute of frauds in this case? The opposing counter claim is asking for attorney's fees, what are the chances they get them if we lose?

[goddessoflubboc]

They will likely get their atty fees if they win.

I expect a judge might expect a little more when your job involves contracts for everything. Home buyers submit a contract which the seller can accept, reject, or counter.

I would be quite surprised if you won.

[Friend In Court]

Originally Posted by BeazleyM We hired a lawyer for real estate litigation. It’s a small civil case. The Seller failed to pay a commission with an offer we presented for our Buyer. The Seller made a deal with the Buyer’s son, and sold the property. We didn’t have a signed listing agreement, but we have emails between the Seller and us where he tells us to bring an offer so long as he can net a certain amount. Our attorney wants to only say that we had an exclusive listing agreement (which we don’t) and not do an alternative cause of action (fraud). Our attorney has no clue what he is doing. We have had to repeat ourselves numerous times, he misspelled our names, and now we received a counter claim asking for attorneys’ fees. We told our attorney we are not going to pay him until he gives us a gamelan on how to win, and he won’t’ do it. Now he is filing a motion to remove himself. What options do we have? What if we dismiss all charges? Are we then left with the counter claim? Should we file a bar complaint? HELP!

The first thing you need to do is replace the lawyer since you have an active case. And oppose his withdrawal until you do. A lawyer may withdraw from representing a client, but he must do so in a manner not to prejudice his client.

The law is an area of many specialized area of practice -- more so than the human body. It is always important to retain a lawyer who concentrates his practice in a given area of law rather than a generalist who does a bit of this, a bit of that. And is diligent. The misspelling of names indicates a bit of sloppiness in practice, too.

Consult with one or more lawyers whose practice includes heavy real estate law and litigation. Lawyers who have had title company experience, represented real estate multiples and real estate boards have an excellent background.

[tim4]

Hello!!!!!!!! Good post!!!!!!

[Dorothi]

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