Holcomb Dunbar attorney, Brad Golmon, successfully resolved a case alleging that legal and real estate professionals improperly sold property of a non-resident, retired client.
Client initially retained a legal and real estate professional to assist her in selling one of two pieces of property. In preparing the new deed, however, both pieces of property were included. The professionals forwarded the deed to the client instructing her to sign. Relying upon them, she signed the deed, without reading and understanding that she was effectively transferring both pieces of land.
Typically, you are bound by what you sign and the law places a duty on us to read and understand before we sign. There are, in extraordinary cases, exceptions to this duty. One of those exceptions involves the scenario in which you hire professionals to handle a task for you. In that case, the professional’s fiduciary duty may outweigh your duty to read a document before you sign that document. Also implicated in this matter was the Vulnerable Adults Act, a piece of Mississippi legislation that provides certain benefits and protections to senior adults.
Holcomb Dunbar was able to resolve this matter in a way that was satisfactory to the client because here, the deeds came from lawyers and real estate professions who had a higher duty to properly draft the deed and explain its meaning.