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Recently I went into contract on my "two family" home in Queens, NY. We are using the same attorney that we used to buy this house. While we were recently in contract to sell the house we found out that the C of O for the home comes back to a "One Family Home"! Upon further research and while my attorney was becoming evasive, I found out that the title company that was used when we purchased the house uncovered the fact that it was a one family home prior to our closing in 2004!!! HOW and WHY did this fact fail to be disclosed when we bought the home??? The house was listed by the broker as a 2 fam., We were appraised for a 2 fam., the NYC Dept. of Finance carries the home as a 2 fam., we received a mortgage from Wells Fargo for a two family and our deed states that we closed on a 2 family home in 2004! I have all the paperwork from the closing and the research that I did through the Department of Buildings! I need to sue some people because there has to be some sort of recourse for this event! Even if there is a statute of limitations, as an unknowing buyer who paid hard earned money to a lawer and a title company whom are supposed to protect us, failed us. What do we do? I guess that suing is the only answer!!
First, you sue your attorney by obtaining a new attorney. Sarcastic, yes, but correct answer...
Second, check with the title company because you should have title insurance for things like this. They might owe you just through your payout on the insurance, not necessarily by "suing" them.
Title company does not insure municipal searches (building search) they are for informational purposes only.
Recently I went into contract on my "two family" home in Queens, NY. We are using the same attorney that we used to buy this house. While we were recently in contract to sell the house we found out that the C of O for the home comes back to a "One Family Home"! Upon further research and while my attorney was becoming evasive, I found out that the title company that was used when we purchased the house uncovered the fact that it was a one family home prior to our closing in 2004!!! HOW and WHY did this fact fail to be disclosed when we bought the home??? The house was listed by the broker as a 2 fam., We were appraised for a 2 fam., the NYC Dept. of Finance carries the home as a 2 fam., we received a mortgage from Wells Fargo for a two family and our deed states that we closed on a 2 family home in 2004! I have all the paperwork from the closing and the research that I did through the Department of Buildings! I need to sue some people because there has to be some sort of recourse for this event! Even if there is a statute of limitations, as an unknowing buyer who paid hard earned money to a lawer and a title company whom are supposed to protect us, failed us. What do we do? I guess that suing is the only answer!!
You hire another RE attorney, who's bigger, scarier and more effective and honest, than the one you'll soon fire.
Recently I went into contract on my "two family" home in Queens, NY. We are using the same attorney that we used to buy this house. While we were recently in contract to sell the house we found out that the C of O for the home comes back to a "One Family Home"! Upon further research and while my attorney was becoming evasive, I found out that the title company that was used when we purchased the house uncovered the fact that it was a one family home prior to our closing in 2004!!! HOW and WHY did this fact fail to be disclosed when we bought the home??? The house was listed by the broker as a 2 fam., We were appraised for a 2 fam., the NYC Dept. of Finance carries the home as a 2 fam., we received a mortgage from Wells Fargo for a two family and our deed states that we closed on a 2 family home in 2004! I have all the paperwork from the closing and the research that I did through the Department of Buildings! I need to sue some people because there has to be some sort of recourse for this event! Even if there is a statute of limitations, as an unknowing buyer who paid hard earned money to a lawer and a title company whom are supposed to protect us, failed us. What do we do? I guess that suing is the only answer!!
So you didn't read all the paperwork of the sale, and so now, rather than admitting you failed in the number one basic duty of anyone signing a contract, you just want to spray some lawsuits around?
What actual damages or loss have you incurred? That's the first question to be asked and answered.
For that matter, how can a one family house be mistaken for a two family, or vice versa, by anyone even remotely awake?
I think if you're looking to find someone at fault the answer's right there in the bathroom mirror.
I actually looked in to suing a real estate attorney. In the end I decided it just wasn't worth it. But, I did learn something very important. I have no idea if this was specific to NJ or applies elsewhere and I'm sure I won't get this exactly right, but you can't just sue an attorney like you can someone else. You have to have another attorney review/prepare something for the courts to determine if the case has any merit. I was told this is to protect lawyers because otherwise every person who lost a case would then turn around and sue their lawyers.
This is also true in Virginia. I had a solid case and could have gone on and sued beyond my bill being resolved.
This is also true in Virginia. I had a solid case and could have gone on and sued beyond my bill being resolved.
True in Florida as well. I engaged an attorney to file some paperwork with the state for me related to a legal action. They took my fee and literally did nothing. I ended up suing them two years later in small claims court as well as filing a complaint with the state's bar association.
I got my fees refunded and my costs paid. Sad, because I ended up filing the paperwork myself (I found out when I started digging into things when nothing was happening that I could do the filing myself) and realized it only took maybe an hour's worth of work. I spent more time recovering my fees than I did filing the papers with the state.
Sounds like a title insurance issue, would probably start there before going the nuclear option.
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