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  1. #1
    Join Date
    Aug 2009
    Posts
    22

    Default Is My Ex's Lawyer Liable if an Agreement is Broken

    My question relates to legal practice in the state of: NJ

    When my ex and I broke up I cobbled together an agreement stating the terms of our separation. She hired a lawyer to review my proposal.

    In this "agreement" I offered to pay her $10K if she would move out, take her name off the lease and notify the landlord to transfer the apartment security into my name (she was in the apt before me, but my name has been on the lease for over 10 yrs...don't remember if old landlord requested addt'l security deposit at that time...original sec. dep. in her name).

    Her lawyer drew up a more legal sounding agreement and offered to put the $10K into his escrow acct pending her move and abiding to the terms of the agreement. We both agreed. She moved out in the begining of June...I can only quess the lawyer gave her the $10K thinking this wasn't a complicated scenario.

    Prior to her move, she physically handed a request, in writing, to the landlord stating the sec. dep. should be transfered into my name...however, she only typed her name to that letter. Now the landlord tells me she cannot accept a letter that was not "signed." Why she didn't notice it at the time is beyond me!

    My ex is now residing in Ireland...and my landlord tells me my ex recently sent a second letter requesting that the sec. dep. be refunded to her! Landlord states the money was refunded and is now seeking sec. dep from me.

    It appears my ex has broken the "agreement."

    Since the lawyer held the $10K in escrow and drew up the terms of our "agreement", is he liable in any way for the fact that my ex broke one of the most important parts of our agreement?

    I did call her lawyer and made him aware of her latest shenanigans. I do not know how to contact her.

    What options do I have?

    Thanks.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is My Ex's Lawyer Liable if an Agreement is Broken

    How on earth is this the attorney's fault?!

    The attorney has absolutely no control over your ex, nor is he liable for anything that happens as a result of one of you breaking the agreement.

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