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

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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

Answers:

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

Answered 3 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).


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