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Architect Sign Off Problem

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  • 10-28-2008, 06:24 PM
    RAL27
    Architect Sign Off Problem
    My question involves real estate located in the State of: New York

    I bought an apartment 8 years ago which had been 2 apartments made into one by previous owners. Their architect did not sign off on the permit with the Dept. of Buildings. My lawyer failed to find this before closing. It has only now come to light due to building remortgaging and I am told I have to fix this. Architect out of business but still has licence - tracked him down by email and he refuses to move to sign off unless I sign a contract with him (for alot of money) to do this - even though he was paid to do this and did not by previous owners. The lawyer who did the closing says I cannot hire a new architect and sue the original architect due to statute of limitations and original contract not being with me. Help!:wallbang:
  • 10-31-2008, 07:03 AM
    Mr. Knowitall
    Re: Architect Sign Off Problem
    Talk to a lawyer who handles legal malpractice cases about whether your lawyer messed up eight years ago, and if so whether you can bring an action based upon your recent discovery of the problem. Normally, though, that type of due diligence is the responsibility of the buyer, not the lawyer, unless you've contracted with the lawyer to perform that level of investigation.
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