Are Attorneys Liable for Mistakes When Filing a Deed?

Yes. In Florida, an attorney or law firm can be liable for mistakes in preparing or recording a deed, such as a wrong legal description, a missing witness, or the wrong grantee.

Yes. In Florida, an attorney or law firm can be liable for mistakes made in preparing or recording a deed. That accountability is one reason owners hire an attorney for deeds such as a quitclaim deed or a lady bird deed.

An attorney who fails to use reasonable care, for example by using the wrong legal description, leaving out a required witness, or naming the wrong grantee, may be responsible for the resulting losses.

Malpractice Insurance

Many attorneys carry professional liability insurance, also called errors and omissions (E&O) or malpractice insurance. It covers claims that arise from mistakes in legal work. Florida does not require attorneys to carry it, so a client can ask about coverage before hiring an attorney.

Time Limit

In Florida, a legal malpractice claim generally must be filed within two years from when the mistake was discovered or should have been discovered with due diligence.

Example

An owner hires an attorney to prepare a deed adding a child to the title. The attorney copies the legal description from the wrong parcel. The deed is recorded, and the mistake surfaces years later when the owner tries to sell. The usual first step is a corrective deed. If the error caused a lost sale or other losses, the owner may have a claim against the attorney.

Lady Bird Deed

A specialized deed that allows you to retain control of your property during your lifetime while automatically transferring it to beneficiaries upon death, avoiding probate.

Learn More

POPULAR

Quitclaim Deed

Transfers whatever interest you own in a property without making any guarantees about the title. Ideal for transfers between family members or correcting title errors.

Learn More

Affidavit of Deed

A sworn statement used to clarify details about a deed or confirm facts related to property ownership, often required by title companies.

Learn More

Corrective Deeds

Used to fix errors in a previously recorded deed, such as misspelled names, incorrect legal descriptions, or other clerical mistakes.

Learn More

General Warranty Deed

Provides the highest level of protection for the buyer, guaranteeing that the seller holds clear title and has the right to sell the property.

Learn More

Special Warranty Deed

Guarantees that the seller has not caused any title defects during their ownership, but does not cover prior history. Common in commercial transactions.

Learn More

Timeshare Deed

Transfers ownership interest in a timeshare property, often used for adding or removing owners or transferring to a trust.

Learn More

Easement Deeds

A Florida Easement Deed grants a specific right to use another person's land for a designated purpose, without transferring ownership. It is commonly used for utilities, access roads, or shared driveways.

Learn More

Malpractice Insurance

Time Limit

Example

Related Common FAQs

Types of Deeds We Prepare

Lady Bird Deed

Quitclaim Deed

Affidavit of Deed

Corrective Deeds

General Warranty Deed

Special Warranty Deed

Timeshare Deed

Easement Deeds