what to do if real estate lawyer is not doing their job

Do I need a lawyer to get rid of a realtor?

It's often hard for a client to know whether or not a lawyer is doing a good job. But if you think your lawyer's ability leaves something to be desired, investigate -- before it's too late. Communicate. If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns. Get Your File

What to do if your lawyer is not doing a good job?

Sep 06, 2016 · The quick and easy answer to your question is fire your current lawyer and hire a new one to take over the case. Lawyers are under an ethical duty to keep their client reasonably informed about the status of the case and to communicate on a reasonable basis in responding to client inquiries.

What are 10 Things a real estate agent should never do?

Mar 30, 2018 · If this is the situation, fear not! Explain your grievances with your current agent to their real estate broker, and the brokerage will assign you to another agent. You won’t even have to pay extra commission. Speak With Your Attorney and Terminate Your Relationship With Your Real Estate Agent

What to do if your real estate agent makes a mistake?

Jun 24, 2015 · Determine whether you have a case First, try speaking to the executor about your grievances. If that doesn’t work, you may want to take legal action. To remove someone from the role of executor, you must be able to show the executor is not living up to the responsibilities of the position or is doing something illegal.

What is it called when your attorney doesn't do their job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

What can you do if your lawyer is not responsive?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021

Is it normal for lawyers to not respond?

One of the most common reasons that lawyers fail to communicate with their clients is because they are simply too busy. If you feel like you are getting the runaround, it may be time to take a more direct approach and call your lawyer directly.Jul 10, 2021

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Why is my attorney not fighting for me?

When your lawyer is not fighting for you, you have every right to fire that attorney and get a replacement, and you may have the right to sue in the event that the attorney violated professional codes of ethics.

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

How long should a lawyer take to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

Can I sue a lawyer for lying?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

What to do if you can't get another real estate agent?

If you are unable to obtain another real estate agent from the same agency, or would prefer to leave that real estate agency altogether, it is best to consult a lawyer before terminating your relationship completely. Your lawyer will be able to advise you on the legitimacy of your case and make you aware of any mitigation clauses that you agreed to in the original contract. From there, you will be able to determine whether or not to sue for monetary damages, or any other interests that were harmed in the process.

What happens if a real estate agent fails to disclose a better offer?

For example, if your real estate agent fails to disclose a better offer on your home, leading you to believe that the one you just agreed upon is the best one .

Why do people sell their houses?

People sell their house for many reasons—they want to downsize, they’re going through a divorce, or maybe a loved one has recently passed. Whatever the reason may be, it is the duty of your real estate agent to keep that information between you .

What is a real estate contract?

What’s in the Real Estate Agent Contract, Anyway? When you enter into a contract with your listing agent, you are signing (yes, physically or electronically signing) a document that allows your real estate agent of choice to act as your agent in the sale of your property.

What is fiduciary duty?

These fiduciary duties are set in place to ensure that your real estate agent protects your best interest. For example, if you were fortunate enough to have multiple offers well above the marketed price for your home, it is the agent’s responsibility to make sure that you get the highest possible offer for your house.

What are the fiduciary duties of a real estate agent?

The fiduciary duties in a real estate contract agreement include: Obedience: Your agent has entered into a binding contract that requires them do what you ask of them, as long as what you want does not violate any law. Loyalty: The agent you employ must act solely to further your best interest as the seller.

What to do if your agent makes a mistake?

If it is still early in the game and you feel like your agent has made a small (but forgivable) mistake, the best thing to do is have an honest conversation with the agent and their supervisor (this is typically the real estate broker).

What to do when the executor isn't fulfilling their duties?

What to do when the executor isn’t fulfilling their duties. The job of the executor of a will is to handle the estate of the deceased and carry out his or her wishes. This includes paying off debts and taxes, and distributing the assets to the beneficiaries as stated in the will. The executor has a responsibility to do so in a timely manner, ...

What does "not suitable" mean?

Is not suitable (e.g., the executor has a conflict of interest) Is not competent (e.g., the executor fails to carry out the wishes of the deceased or fails to do anything at all) Mismanages the estate (e.g., steals from the estate or wastes the assets. Keep in mind that is standard for executor fees to be paid to the executor) In general, ...

How long does it take to get an inheritance?

You may be wondering how long it takes between the reading of the will and the receipt of your inheritance. Depending on how complex the estate is , the process can take anywhere from a few months to several years. The executor can only distribute the assets after the property is evaluated, and debts and taxes are paid. He or she can be held personally liable if inheritances are paid first and there’s not enough left to cover the debts and taxes.

How to avoid conflict in family law?

To avoid causing unnecessary conflict within the family, you may wish to first speak to an attorney to determine whether your expectations regarding the process are reasonable. Another alternative is to contact the executor and ask for more information.

How long does it take to settle an estate?

You may be wondering how long it takes between the reading of the will and the receipt of your inheritance. Depending on how complex the estate is, the process can take anywhere from a few months to several years. The executor can only distribute assets after the property is evaluated and debts ...

What is the job of an executor?

An executor of an estate is responsible for carrying out the wishes of a decedent, paying the bills, filing taxes, and distributing assets appropriately. The executor has a responsibility to do so in a timely manner and to act in the best interest of the beneficiaries.

What is the role of executor in a trust?

The executor has a responsibility to do so in a timely manner and to act in the best interest of the beneficiaries. The term “executor” refers to any individual holding the assets of the deceased person. It can include a trustee of a trust and the personal representative of a probate estate. But what if you’re a beneficiary waiting ...

Can an executor settle an estate?

In general, an executor must do something serious for the court to act. Taking a long time to settle the estate is not usually considered a serious issue on its own; it must be in addition to one of the above examples. In many cases, you will simply have to wait a while longer to receive your inheritance.

What to do if your attorney is not doing a good job?

One of the best things that you can do if you feel that your attorney is not doing a good job is to get another law firm to look at your situation. These second opinions do not have to cost very much as it will probably only last an hour or two.

What to do if your attorney is not cooperating?

If your attorney is not cooperating, you can go to the courthouse to see copies of all documents that have been filed relating to your case. Lastly, you may have to sue your former attorney in order to get your case file back.

What is the best way to fight legal malpractice?

Consider Mediation . One common method that many people are turning to instead of legal malpractice claims is mediation. Mediation is something both you and your lawyer may benefit from, and could even lead to a better attorney-client relationship.

Is it frustrating to have an attorney not doing their job?

It can be discouraging and frustrating when you feel that your attorney is not doing their best job on your case . This article lays out some of the most common problems that clients have with legal professionals and suggests some ways of handling legal malpractice claims.

What happens if everything fails?

If everything has failed and you still cannot get your attorney to respond to you in a timely fashion, you may have to fire your lawyer and find a new one.

Can an attorney complain about a lawyer?

However, you may not want to go to the state bar to complain about your attorney just yet.

What are the rules of legal ethics?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.

Who is Bill Gassett?

Bill Gassett is a nationally recognized Real Estate leader who has been helping people move in and out of the Metrowest Massachusetts area for the past thirty-four plus years. He has been one of the top RE/MAX Realtors in New England for the past two decades.

Do real estate agents compete with each other?

Unfortunately, a lot of real estate agents regard one another as competition, so instead of nurturing one another’s networks and getting to deals quicker, the sometimes sour relationships do affect the clients’ opportunity to be exposed to as many potential listings as possible.

Can a realtor re-arrange bedding?

Even though the real estate agent may have asked the home sellers to prepare for the open house, the agent will actually end up doing a final walk-through and quickly re-arrange the bedding, hide the garbage can in the garage, or even take care of the dirty dishes in the kitchen sink!