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Started By
Message
Lawyer ignorance - or unethical?
Posted on 4/23/15 at 9:52 pm
Posted on 4/23/15 at 9:52 pm
I sold my home in Louisiana last year, closed in July. The purchaser was a well established lawyer in a neighboring town.
Last week I got a letter from him explaining that I should pay my portion of the property taxes 'as per the agreement in the Cash Warranty Deed" which he enclosed.
However, the deed clearly states that the taxes have been prorated and the purchaser is responsible for the taxes.
I replied that I thought the closing was the final transaction in the process and that all tax considerations were satisfied at that time. He immediately responded that I was correct and sorry for the inconvenience - he had just 'misunderstood' that wording in the deed.
Now my question is this. Can a lawyer be that uninformed about what a 'closing' is all about - and could he really misinterpret the plain language of the instrument that he sent to me?
OR was he just trying to get a couple thousand dollars from me assuming that I was ignorant of the process.
Is there a type of "closing" that leaves the seller liable for taxes after the fact?
I hate to say it but I have begun to think the guy was just trying to get some money from me.
Last week I got a letter from him explaining that I should pay my portion of the property taxes 'as per the agreement in the Cash Warranty Deed" which he enclosed.
However, the deed clearly states that the taxes have been prorated and the purchaser is responsible for the taxes.
I replied that I thought the closing was the final transaction in the process and that all tax considerations were satisfied at that time. He immediately responded that I was correct and sorry for the inconvenience - he had just 'misunderstood' that wording in the deed.
Now my question is this. Can a lawyer be that uninformed about what a 'closing' is all about - and could he really misinterpret the plain language of the instrument that he sent to me?
OR was he just trying to get a couple thousand dollars from me assuming that I was ignorant of the process.
Is there a type of "closing" that leaves the seller liable for taxes after the fact?
I hate to say it but I have begun to think the guy was just trying to get some money from me.
14
Posted on 4/23/15 at 9:54 pm to ChineseBandit58
quote:no such thing as a crooked lawyer you dumbass
OR was he just trying to get a couple thousand dollars from me assuming that I was ignorant of the process
Posted on 4/23/15 at 9:54 pm to ChineseBandit58
quote:
He immediately responded that I was correct and sorry for the inconvenience - he had just 'misunderstood' that wording in the deed.
So you came here bitching? You're an a-hole.
Posted on 4/23/15 at 9:54 pm to ChineseBandit58
What do you mean by 'well established? '
Posted on 4/23/15 at 9:55 pm to ChineseBandit58
Or he's busy as hell and made a mistake while in the weeds
Posted on 4/23/15 at 9:55 pm to ChineseBandit58
Any crackerjack "lawyer" should be able to figure out a home purchase and the paper work that entails. Sounds sketchy
Posted on 4/23/15 at 9:56 pm to ChineseBandit58
I don't think anyone here can answer what they guy's true motivations were.
Seems like he was kinda embarrassed when you pointed out the error and immediately apologized. Kinda leads me to believe it was an honest mistake
Seems like he was kinda embarrassed when you pointed out the error and immediately apologized. Kinda leads me to believe it was an honest mistake
Posted on 4/23/15 at 10:09 pm to ChineseBandit58
Sounds like he was trying to scam you then played dumb when you called him on it.
Posted on 4/23/15 at 10:10 pm to boosiebadazz
quote:
Kinda leads me to believe it was an honest mistake
That's what I want to believe - but it seems to be such a basic mistake. Sort of like an hustler trying to shoot pool with a rope.
Posted on 4/23/15 at 10:11 pm to ChineseBandit58
quote:
However, the deed clearly states that the taxes have been prorated and the purchaser is responsible for the taxes.
It could be that since the taxes are prorated he was wanting to make sure you had paid your portion of the prorated taxes as you are responsible for the prorated amount for the length of time you lived there during the year. I would assume that those taxes were taken out of escrow at closing and covered but maybe he was trying to make sure. I agree most lawyers are scumbags but I would be willing to give him the benefit of the doubt.
By the way, you didn't fix that door like you said you would at closing but I was not going to come here and bitch about it.
Posted on 4/23/15 at 10:13 pm to Geaux-2-L-O-Miss
quote:
you didn't fix that door like you said you would at closing but I was not going to come here and bitch about it.
touche` I promise I'll get to it before the next rainstorm. Are you feeding the cat?
Posted on 4/23/15 at 10:27 pm to ChineseBandit58
Yeah, if he didn't take the prorated taxes out of the purchase price, he's screwed. You've got no incentive to pay it now.
Posted on 4/23/15 at 10:29 pm to ChineseBandit58
So as a lawyer he can't make a mistake?
FYI, not all lawyers handle closings so he may not have known.
Title companies are really making it so lawyers don't even do nearly as many closings as they used to so I could see how one could have no idea.
You're just being cynical and this is coming from the king of being cynical.
FYI, not all lawyers handle closings so he may not have known.
Title companies are really making it so lawyers don't even do nearly as many closings as they used to so I could see how one could have no idea.
You're just being cynical and this is coming from the king of being cynical.
Posted on 4/23/15 at 10:30 pm to ChineseBandit58
Did you pay your portion of the taxes at closing?
Posted on 4/23/15 at 10:33 pm to ChineseBandit58
Well the next rainstorm is here and the door still leaks.
The cat left a week after we moved in. I assumed it found its way to your new house. I've seen stories on the internet (must be true) of cats finding their owners half way across the US after being left. It looked health last time I saw it so I assume it can hunt.
The cat left a week after we moved in. I assumed it found its way to your new house. I've seen stories on the internet (must be true) of cats finding their owners half way across the US after being left. It looked health last time I saw it so I assume it can hunt.
Posted on 4/23/15 at 10:38 pm to stout
quote:
FYI, not all lawyers handle closings so he may not have known.
This. I don't know anything about closings.
Posted on 4/23/15 at 10:43 pm to lsufanintexas
quote:
he was trying to scam you then played dumb when you called him on it.
Posted on 4/23/15 at 10:45 pm to ChineseBandit58
Did the lawyer attend Southern University?
Posted on 4/23/15 at 11:27 pm to ChineseBandit58
Lawyers don't know every legal matter under the sun.
I would say lawyers are probably overall better equipped to gain some understanding than the average bear, but they do not have legal omnipotence
I would say lawyers are probably overall better equipped to gain some understanding than the average bear, but they do not have legal omnipotence
This post was edited on 4/23/15 at 11:28 pm
Posted on 4/24/15 at 12:01 am to ChineseBandit58
I'm sure he was out yo take you for what, $600?
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