COMMON 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