Is an Attorney Liable for Deed Mistakes?

Yes. A Florida attorney can be held liable when a deed is prepared or recorded incorrectly and the mistake causes financial harm or title problems. Attorneys must handle real estate documents with reasonable professional care, and an attorney who falls short may be responsible for fixing the error and for resulting losses.

The Corrective Deed

If the mistake is minor, such as a misspelled name or a small error in the legal description, the attorney typically prepares a corrective deed. The original parties sign it and it is recorded to fix the public record. This is usually faster and less expensive than a court case. Some errors, such as a missing signature or the wrong grantor, may need a new deed or a court action instead.

Malpractice Insurance for Serious Mistakes

For errors that cause significant financial loss, a clouded title, or a lawsuit, many attorneys carry professional liability (malpractice) insurance. It can pay valid claims arising from the attorney's mistakes, subject to the policy terms. Florida does not require attorneys to carry it.

Risks of Recording a Deed Without an Attorney

An owner who prepares and records a deed alone has no one to hold responsible for a mistake. Small errors in wording, missing names or addresses, or improper execution can create title defects that are expensive to fix later. An attorney knows Florida's execution, format, and recording requirements.