PLEASE HELP! Problem w/ the lawer! - Posted by aleks

Posted by Frank Chin on July 20, 2003 at 07:47:22:

Hi Aleks:

What your lawyer did was shady - and someone should complain.

Some twenty years ago, I went to a RE closing, and was told my lawyer advance some funds (a loan) out of the trust account to my seller - and he was deducting it from the proceeds to the seller at my closing. I thought it was odd but said nothing.

Then some years lately, I got a letter from two other lawyers who said they bought out his law practice, and I never thought much about it.

Then, a few years ago, I asked around for a new lawyer, and a friend gave me a name. And I said "Oh didn’t she work at the law offices of John P. (my former lawyer).

My friend “Didn’t you hear he got disbarred for using client funds from his trust account??”

As for “not having the time to deal with it”, I worked at a large company where a customer ripped us off for $50,000. The FBI came to investigate, and I was the one who extended the loan. We weren’t too bothered, we just wrote it off, because we didn’t have time to deal with it.

The FBI man shook his head when he heard our story. He explained a group of con men pulled the scam over and over again, with large companies, bilking thme for 50K and under, for years and years because they knew “people had no time to deal with it”. He said the bureau estimated the losses was close to $100 million by the time they came to us, and decided to take a look at it.

Frank Chin

PLEASE HELP! Problem w/ the lawer! - Posted by aleks

Posted by aleks on July 17, 2003 at 10:56:13:

Hi! I am desperatelly looking for some advise. I’m an international student in the state of Florida. My father purchased a condo for my brother and I. Our closing date was june 30, 2003. we closed that day ( had a lawyer, title company and all that)but we paid the deed one day later. Our lawyer suggested we give him the check ( for his service AND the price for our condo) and than he will transfer the money to our sellers account. Well…our seller didn’t get the money from the lawyer until 5 days later- ( and in the meanwhile he was closing on his condo so he needed the money the day of the closing). Our lawer never called him and told him that the money would be in a day later ( or more) so now the seller is p***d off, he wants to call the deal off,and he is re-advertising our condo, which has already been recorded in the courthouse!!!Plus, the lawer sent the seller his personal check- can he do that??? I don’t know ANYTHING about the real estate law and I don’t want to be fooled by anyone just b/c I’m a foreigner. PLEASE HELP ASAP!
Thank yoU!

Re: PLEASE HELP! Problem w/ the lawer! - Posted by Candy Johnson

Posted by Candy Johnson on August 28, 2003 at 12:11:48:

I have this boss who hired me at 40 hours a week. I do my 40 hours plus. I,am a manager for a Mobile Home Park. I would like to do side jobs on my days off. For other people in the park. To make exter money. He told me. If i did work off the clock. I had to give him 70% of what i make. Can he do that?

Are you sure… - Posted by IB (NJ)

Posted by IB (NJ) on July 17, 2003 at 16:25:20:

it was the attorney’s PERSONAL check and not a check from his trust account? Your seller may have expected some sort of certified check that can be cashed on the spot. Here in NJ, monies are disbursed to and from my attorney’s trust account when I buy and sell real estate.

I’m not an attorney but just relaying my experience. Why did you wait until a full day after the deed was signed to disburse funds to the seller?

Problem w/ the lawer! - Posted by John Merchant

Posted by John Merchant on July 17, 2003 at 15:22:03:

If you’ve already closed and got the deed, it’s WAY too late for the seller to “call it off”.

But it does look like your lawyer acted unethically in failing to put your money into his trust account, and I’d suggest you might want to contact the local Bar Association’s Grievance & Ethics Committee and let them know about this deal. Definitely a BIG no-no for lawyer to play loosely with your money, other than his fee.

Re: Follow up-Problem w/ the lawer! - Posted by aleks

Posted by aleks on July 18, 2003 at 06:58:31:

First off, thank you guys SO much for responding so quickly to my post! I met with the lawyer and the seller yesterday and seller was clearly upset that he didn’t get his money on time ( I had the check-book ready on the day of closing but the lawer didn’t waqnt my check- he wanted a bank’s check and it was 5pm so the bank was closed, therefore I had to get it the next day- and my lawyer never told the seller about it). Anyhow, aftre about an hour of yelling at each other , my lawyer agreed to pay the damage to the seller for giving him the check late, and the seller kind of agreed to that but he was to talk to his laywer just in case.) I don’t know, I think my lawyer was shady and he was playing with both of us. I don’t know if I will be going to the BAR with this, I really don’t have the time to deal with it, but hopefully we’ll clear things out today. Again, THANK YOU!!

Re: Follow up-Problem w/ the lawer! - Posted by aleks

Posted by aleks on July 22, 2003 at 11:53:47:

Thank you Frank for a replay.
I think that aftre all I will be writing a letter to BAR b/c the lawyer is still being very shady and he refuses to pay the amount that the seller is asking for the damages ($250). not only that but he is asking ME to pay- he scewed up and I have to pay?? I’m still trying to figure out things- should I tell my lawyer that I consider reporting him for malpractice so he can get this on the roll??? I don’t know, i feel so used just b/c I’m an international student with no knowledge about real estate law and especially b/c I trusted my layer so much. If you guys have any suggestions please write back. Today is the D-day!
and THANK YOU so much again!