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  #1  
Old 02-11-2006, 05:55 PM
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Join Date: Oct 2004
Posts: 6

Attorney is unethical? FL


Months ago one of our residence passed and after probate an attorney for the executor contacted me as president of the condo association that he wanted to sell, but not on the open market.
Two of us were bidding including myself (to move my Mom closer) and another person I know. The attorney did got offers from the 2 of us bidding and he stated that she would increase my bid by $1000. each time I placed a bid. I did bid 2 times and she in fact raised it by $1000. I finally told him I would drop out before it got too far out of hand, but to advise me of any changes. He accepted the last amount they offered.
The association did all the necessary application processing and accepted this individual.
As it turned out after a month the attorney called me and advised me that their financing did not go through, at which time I told him I would match the final offer that if he accepted and it would be over and done with.
He said he felt obligated to contact yet a third party that expressed interest and he would "keep you posted by phone".
I had not heard anything for weeks so I tried to contact the attorney and could not get a call back. I then contacted the third party to see if he made an offer that was accepted by the attorney.
Bidder #3 told me that he did in fact make an offer and that the attorney would "keep you posted by phone".

The 3rd bidder contacted the attorney at which time the attorney said he was selling to a friend (bidder #4) and would not give any bid amount information to the 3rd bidder or myself, therefore cutting me and the 3rd bidder out of the bid process.
Both he an I would have gone over the accepted bid given by his friend. Myself and the 3rd bidder tried to talk to the attorney but he literally hung up on both of us, stating he couldn't go into details and had to go! "clunk"

Is this ethical in the state of FL? Our bids could have added up to $10,000. to $12,000. to the sale price. The 3rd bidder and I both feel that the unit will be flipped, although we do not really know.

Could this behavior hold up the Condo approval process until the questionable conduct of this attorney be looked in to?
And yes we spoke to the executor of the unit and she advised us she too was unhappy with this attorney but her attorney in Maine advised her to take it and get it over with, which she did sign the papers.
Can this type of conduct be reported to the FL Bar?
Sorry for the length of this, but there was no way to summarize.
Thanks in advance for any help on this matter.
  #2  
Old 02-11-2006, 07:00 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by hktor
Months ago one of our residence passed and after probate an attorney for the executor contacted me as president of the condo association that he wanted to sell, but not on the open market.
Two of us were bidding including myself (to move my Mom closer) and another person I know. The attorney did got offers from the 2 of us bidding and he stated that she would increase my bid by $1000. each time I placed a bid. I did bid 2 times and she in fact raised it by $1000. I finally told him I would drop out before it got too far out of hand, but to advise me of any changes. He accepted the last amount they offered.
The association did all the necessary application processing and accepted this individual.
As it turned out after a month the attorney called me and advised me that their financing did not go through, at which time I told him I would match the final offer that if he accepted and it would be over and done with.
He said he felt obligated to contact yet a third party that expressed interest and he would "keep you posted by phone".
I had not heard anything for weeks so I tried to contact the attorney and could not get a call back. I then contacted the third party to see if he made an offer that was accepted by the attorney.
Bidder #3 told me that he did in fact make an offer and that the attorney would "keep you posted by phone".

The 3rd bidder contacted the attorney at which time the attorney said he was selling to a friend (bidder #4) and would not give any bid amount information to the 3rd bidder or myself, therefore cutting me and the 3rd bidder out of the bid process.
Both he an I would have gone over the accepted bid given by his friend. Myself and the 3rd bidder tried to talk to the attorney but he literally hung up on both of us, stating he couldn't go into details and had to go! "clunk"

Is this ethical in the state of FL? Our bids could have added up to $10,000. to $12,000. to the sale price. The 3rd bidder and I both feel that the unit will be flipped, although we do not really know.

Could this behavior hold up the Condo approval process until the questionable conduct of this attorney be looked in to?
And yes we spoke to the executor of the unit and she advised us she too was unhappy with this attorney but her attorney in Maine advised her to take it and get it over with, which she did sign the papers.
Can this type of conduct be reported to the FL Bar?
Sorry for the length of this, but there was no way to summarize.
Thanks in advance for any help on this matter.

The attorney was not representing you and owed you no duty.
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