Legal Question in Real Estate Law in Tennessee

Can lawfirm be held responsible for typographical error?

I recently closed on the sale of my house. I had a home equity loan which was paid off at closing. Unknown to me until now,the law firm made a typographical error in the amount of $2000 on the closing document as to the amount still owed on the loan. So the amount they collected from me was $2000 short. Closing was three weeks ago and I am just now being notified that I still owe this $2000. I have used part of the money I received at closing to pay off other debts and saved just enough to close on my new house. I do not have $2000 more. If I had known I would have budgeted differently, so now I don't know what to do. Can I hold the law firm responsible to pay the $2000 since it was their error? Please advise as to what legal rights I may have in this matter and what my options are.


Asked on 9/19/04, 4:13 pm

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Can lawfirm be held responsible for typographical error?

Was it your law firm or the seller's law firm that made the error on the document? There are two possible outcomes here. The first is that the law firm will be held liable for their own negligence and typo error. That cause of action will lie with the party that retained the law firm. A less painful outcome for the law firm would be that you advise them that they are catching you by unfair surprise, that you relied on the amount written on the contract, and no longer have $2,000 to give them. Under these circumstances, the law firm better give you a various generous repayment schedule that causes you little inconvenience. You mentioned that you already spent the $2,000 on other things. Did you know $2,000 more was owed but just took advantage of the typo to reduce your immediate debt? That could affect who is at fault and how quickly you have to repay the missing $2,000, if at all.

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Answered on 9/20/04, 5:44 pm


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