What is the name of your state? AL
After sometime in dealing with a lawsuit over property, we (reluctantly and under duress from our attorney) and the other party(s) agreed to a settlement that would release the houses involved and provide us with a less-than-suitable sum of money.
In the "release" it states that we would release the liens and lawsuit at closing upon the payment of this “sum” from the opposing party (in person).
We would receive the lump sum of money from the opposing party, not the lawyer not the title company, nor any agent, etc.
The closing came and we found out that our attorney and the defendant’s attorney took it upon themselves to have a check made out to our attorney (and to us), not at closing, but two days after closing. We were outraged at the two attorneys not abiding by the terms of the Release. This Release was four months in the making. The terms were very specific. The Defendants were to be at closing and pay us at closing.
When we found out that the closing took place without us being notified and without the Defendants being present and without the prescribed amount of money handed over at closing, we were outraged. Subsequently, we didn't accept the money from the sale of the one house that is in our ex-attorney’s account.
Question: if the opposing attorney, as well as our own ex-attorney, took it upon themselves to not follow the terms of the Release, does that make the Release voidable, or potentially void? Another question: as the victims of this action, can we sue the attorney(s)? Due we have a case against the lawyers? We have lost a lot of money due to this, as well as damages incurred due to the delay. Note: it is very important that the terms of the Release be honored. It is our opinion that the opposing party is guilty of not honoring the contract. This is not the first time they have not honored contracts with us; therefore, we are being very careful to have this one fulfilled as written. When we brought up these points to our ex-attorney, we heard the quote (as explanation for “dropping the ball”, “I meant. . . .”
After sometime in dealing with a lawsuit over property, we (reluctantly and under duress from our attorney) and the other party(s) agreed to a settlement that would release the houses involved and provide us with a less-than-suitable sum of money.
In the "release" it states that we would release the liens and lawsuit at closing upon the payment of this “sum” from the opposing party (in person).
We would receive the lump sum of money from the opposing party, not the lawyer not the title company, nor any agent, etc.
The closing came and we found out that our attorney and the defendant’s attorney took it upon themselves to have a check made out to our attorney (and to us), not at closing, but two days after closing. We were outraged at the two attorneys not abiding by the terms of the Release. This Release was four months in the making. The terms were very specific. The Defendants were to be at closing and pay us at closing.
When we found out that the closing took place without us being notified and without the Defendants being present and without the prescribed amount of money handed over at closing, we were outraged. Subsequently, we didn't accept the money from the sale of the one house that is in our ex-attorney’s account.
Question: if the opposing attorney, as well as our own ex-attorney, took it upon themselves to not follow the terms of the Release, does that make the Release voidable, or potentially void? Another question: as the victims of this action, can we sue the attorney(s)? Due we have a case against the lawyers? We have lost a lot of money due to this, as well as damages incurred due to the delay. Note: it is very important that the terms of the Release be honored. It is our opinion that the opposing party is guilty of not honoring the contract. This is not the first time they have not honored contracts with us; therefore, we are being very careful to have this one fulfilled as written. When we brought up these points to our ex-attorney, we heard the quote (as explanation for “dropping the ball”, “I meant. . . .”