ReferencesCommon Real Estate Malpractice Errors

  • Erroneous description in deed of property to be conveyed
  • Misstated date to which interest was to be computed
  • Failure to fill in blank on form
  • Improper acknowledgement
  • Failure to reserve mineral rights
  • Failure to advise on impending change in law
  • Unauthorized delay or failure to strictly enforce closing time limits
  • Failure to discover encumbrances on the property:
    • mortgage lien
    • vendor's lien
    • tax lien
    • mechanic's lien
    • contract for deed
    • right-of-way
    • mineral lease
  • Failure to assure that clients received or conveyed title as represented:
    • remainder
    • dower
    • outstanding life estate
    • lease
  • Errors in the description of the property
  • Failure to perfect security interest:
    • failure to prepare mortgage document
    • failure to update title search at time of closing
    • failure to record or timely record a mortgage
    • filing in the wrong county
    • failure to obtain releases of other encumbrances
  • Failure to collect or protect security interest
  • Failure to attend commissioner's sale
  • Failure to know other applicable law, e.g., probate, tax
  • Failure to disburse sale proceeds properly