Buying out a real estate case between clients

[Addie k]

What is the name of your state (only U.S. law)? Florida

My mother and uncle inherited a $7.5 million dollar home together from my deceased Grandparents. After they were unable to come to terms on how to go about selling the property my uncle retained a lawyer to help in this matter. This lawyer had already represented my mother, uncle and grandparents collectively on

other real estate transactions they owned together in the past. My uncle wanted to do some renovations to the house at his own expense to prepare the house for listing. My mother had no problem with that but still wanted to be included in the decisions as to what was being done. After my uncle ignored her wishes and proceeded to ”run over her” she had to retain a lawyer to help get some control back. After some back and forth they were working toward an agreement and making progress when to my mothers surprise my uncle sold his interest in the house to his attorney for mere $500,000.

In wanting to help my mother in anyway I can, I’m reaching out to anyone who can help. Is there any recourse that can be brought against this lawyer or my uncle for there actions?

 

[HappyWanderer]

Why does your mother care how much her brother sold the house for? The legal duties and obligations and rights haven't changed. I'm uncertain as to how she was hurt.

 

[Addie k]

She feels there could be a conflict of intrest and possible ethic violations. She has worked with this Lawyer in the past and he has pertinent information to her finances and othe real estate investments. As far a the price, it is *Extremely lower than fair market value and could have a negative impact on her half of the houses value.*

 

[Mass_Shyster]

She feels there could be a conflict of intrest and possible ethic violations. She has worked with this Lawyer in the past and he has pertinent information to her finances and othe real estate investments. As far a the price, it is *Extremely lower than fair market value and could have a negative impact on her half of the houses value.*

It sounds like the lawyer may have violated the ABA rules of ethics:

Rule 1.9 Duties to Former Clients

(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

 

[HappyWanderer]

I agree there is most probably an ethical breach, but, so? Report him to the Bar. It doesn't change the legal situation.

I guarantee you, 1/2 of a property is worth way less than 1/2 the value of the whole property.