Are Attorneys Liable for Mistakes When Filing a Deed?

Yes, an attorney or law firm can be liable for correctly filing a deed in Florida. This is one of the main benefits of hiring an attorney when transferring property with any type of deed, including popular deed types such as Quitclaim and Lady Bird Deeds. Attorneys ensure the deed is prepared correctly, signed, and recorded, reducing the risk of property title errors.

If an attorney makes a mistake, they may be liable for any resulting legal or financial issues. Many attorneys carry errors and omissions (E&O) insurance, which protects the attorney and the client by covering claims arising from mistakes made during the legal process. However, not all attorneys have E&O insurance, so it's important to ask about their coverage before hiring them.

In Florida, clients have two years to file a legal malpractice claim against an attorney when the mistake is discovered or should have been reasonably discovered. This time limit, known as the statute of limitations, is important to remember if you believe an attorney mishandled your deed or any other legal matter.

For example, imagine you are selling your home and want to transfer the title to the buyer. The attorney is responsible for making sure the deed includes all the necessary details, such as, but not limited to, the correct legal description of the property, that the proper parties sign the deed, and that the deed has been recorded at the local county recorder office.

If the attorney makes a mistake, errors and omissions insurance (E&O) can help cover the damage caused by the error. E&O insurance protects the attorney if a client sues them for making an error, failing to perform their duties, or overlooking important details by covering for "mistakes" made during the attorney's professional services.

However, not all attorneys carry this type of insurance, so it is wise to ask an attorney if they have E&O insurance before hiring them. Working with an attorney who has E&O insurance offers peace of mind, knowing that if something goes wrong, there's a way to recover your financial losses.