Real Estate
Inadequate investigation/discovery now #1 cause of claims
The devil – as they say – is in the details. And it’s the details that appear to be creating issues for lawyers when it comes to the principal underlying cause of claims. Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked… Read More »
Categories: 2012 August Checklists, Articles, Civil Litigation, Inadequate Investigation, Practice Tips, Real Estate, Wills & EstatesReal estate lawyers: The buck stops with you
LAWPRO is seeing far too many real estate claims where the lawyers handling the deals are making or not catching fairly basic errors. Often these mistakes result from errors made by clerks – all or most of which the lawyer could’ve and should’ve caught. Common mistakes include: Not catching errors in legal descriptions Missing executions… Read More »
Categories: 2012 May/June - Year in Review 2011, Clerical / Delegation, Practice Tips, Real EstateTendering correctly: Preserve your client’s rights (and avoid a claim!)
Tendering, in real estate practice, is a strategy real estate lawyers can use to demonstrate a client’s willingness and readiness to close a transaction in circumstances where there may be doubts about the other party’s ability or willingness to close on time. done properly, tendering can help to preserve a client’s rights in the event… Read More »
Categories: 2012 January Employment, Articles, Practice Tips, Real EstateIs anyone listening? Preventing communications claims
It’s easy to prevent communications breakdowns: So why is this consistently the #1 source of claims for LAWPRO? No matter what the area of practice, the number one source of claims at LAWPRO is a breakdown in communication between the lawyer and client. And those numbers are increasing. Between 2005 and 2010, more than 4,200… Read More »
Categories: 2011 Fall Communications, Articles, Civil Litigation, Communications Errors, Corporate Law, Family, Features, Inadequate Investigation, Real Estate, Wills & EstatesReal estate claims trends – errors and insights
Real estate law accounts for the second highest number of legal malpractice claims in Ontario, after civil litigation. But real estate law is responsible for a higher percentage of claims costs than litigation – and the trends are up for both the count and cost of real estate claims. Over the last ten years, real… Read More »
Categories: 2010 Dec File Retention, Articles, Communications Errors, Features, Inadequate Investigation, Real EstateTitle insurance – Separating fact from fiction
In just over a decade, title insurance has gone from a little-known development to a mainstay of real estate practice. In Ontario alone, title insurance is a $100 million a year industry: Between 1999 and 2009, the revenue of the major title insurers of Ontario grew 534 per cent. Not surprisingly it is estimated that… Read More »
Categories: 2010 Dec File Retention, Articles, Features, Real Estate, Title insurance, TitlePLUS