What recourse do I have when my lawyer did not record a deed properly?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What recourse do I have when my lawyer did not record a deed properly?

My wife and purchased a home with her grandmother 9 years ago. On the offer to purchase it

was stated that my wife and I would have rights of survivorship to the property. However, the original lawyer did not deed it in those terms and my wife and I thought it was worded correctly just legal lingo. We are now under contract and have just discovered this and her grandmother has been passed away for 2 years. What possible recourse do we have in this situation? The tax implications for the heir to the other 1/2 of our house could be in thousands.

Asked on February 6, 2018 under Real Estate Law, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is advisable to speak with an attorney who handles malpractice cases against other attorneys.  Your County Bar association may be able to provide you with a referral to an attorney who handles legal malpractice cases.
Malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable attorney would have exercised under the same or similar circumstances to prevent foreseeable harm).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption