Buying and selling a house/condo! Bad Lawyer

[skygolf]

Buying and selling a house/condo! NEVER use “SHAHXXX S1DD1QU1” (Barrister, Solicitor & Notary Public) in Toronto. When you buying/selling a place it usually happy events so don’t go cheap and find a lawyer that gets your blood pressure high. I have heard story that lawyers didn’t submit your document to transfer the title till 2 month after closing, lose papers and got cheated.

When I bought my condo I got my lawyer referred by a friend which turns out very good. But unfortunately the seller’s lawyer is a SOB, “SHAHXXX S1DD1QU1”. As soon as my lawyer knew the seller’s lawyer he SIGH! and told me it will be rough. My lawyer left messages after messages trying to talk to seller’s lawyer to get paper started but no reply till a day before closing.
On the closing the papers was not send to my lawyer till afternoon and it turn out with errors!!!! What F@#$!!!
1. So it ended up a delayed on my closing date.

2. Seller’s lawyer also was withheld some money cos property owe the condo mgmt ~$200 but refused to give a underwriting. (just verbose) Of course my lawyer wouldn’t fall for that.

Finally it got the underwriting and closed. (Past original closing date) In the underwriting the seller’s lawyer will promise to clear the debts and blabla.

2 weeks later, 1st notice arrived in the mall so I fax to my lawyer to make sure it is taken care off. So another month went by, 2nd payment due notice, so I fax to my lawyer again then for the next two weeks my lawyer left messages and messages, finally warning letter to get the seller’s lawyer on the phone. Again the seller’s lawyer promise to take care of it by end of weekend (till have 3 days).

Nothing happened again…. by now the final notice in mail. Pretty stupid to have a lied on my condo for ~$200!!! Went through the same hell again fax/letter/phone… I have given up at this point and just pay out of my pocket. (I was advised by my lawyer at the beginning not to pay on my own first cos of the underwriting). Anyway… I paid then asked my lawyer give me a copy of the underwriting and take the seller’s lawyer to small claims court. I told my lawyer doesn’t hustle talking to the seller’s lawyer anymore but he was nice enough try again. Haha… I guess the seller’s lawyer realize I wasn’t kidding that I will take him to court for ~$200 and finally paid up.

Anyway…. still very mad… Can I still take him to court?

[whampoa]

Why don't your lawyer use an escrow account for cases like this.

There's good lawyer and bad one. If you feel you have been done wrong, while don't you file a complaint to the law society of Upper Canada.

And have them do the leg work and investigate this matter. Who knows, you might get lucky and get the joker disbar, that's worst than suing for a mere $200.

[Nikita]

When retaining a lawyer, like anything else, you get what you pay for. A real estate lawyer who charges substantially less than the going rate will cut corners (has to if he/she wants to make any money on the deal). One cut corner in a real estate transaction can relly jam you up. Title might not be perfected, liens may be ignored (which prevents title from being transferred on the closing date), property taxes may not be paid up to date...literally dozens of things can go wrong.

If you lose money because the lawyer cut corners, yes you can file a complaint and cause him/her a lot of grief BUT, it will also take a lot of your time and effort for which you get nothing in return, except perhaps the satisfaction of jamming up the lawyer. The best thing to do if you lose money (and I would call your having to pay the $200 losing money) there's another route to go. The Law Society has a Compensation Fund (paid for by lawyers annual fees to the LSUC for just such cases). Go on their website and check it out. A complaint won't get you any money back, it's merely disciplinary. Seeking redress through the Lawyer's Compensation fund will actually get you some money and MAY actually result in the LSUC commencing disciplinary action on their own in any event. And it's a lot easier than suing him in Small Claims Court, and cheaper....there is no cost at all in filing a claim with the LCF.

GL

Edit: BTW, since you've given the lawyer's name, I hope everything you said about him is true and documented. I'd sure hate to see the jerk sue you for defamation/libel/slander. Just keep in mind....truth is always a defense to those kinds of lawsuits.