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Why won't another attorney take or return phone calls from my attorney?

Clifton Park, NY |

I have a real estate deal in the works involving estate property. A buyer made a down payment, put the property in escrow and had the utilities placed in his name. However, the deal went sour when a lien was disclosed in doing the title search. The buyer sill offered to go through with the deal if I agreed to sell for much less than the original contract agreement and he would assume the debt. On the advice of the estate attorney, I refused. In the meantime, the estate attorney managed to get a clear title, but now the buyer's attorney will not take or return calls from the estate attorney. I don't know one way or the other if the buyer is still going to purchase or not. I am in limbo on this. Should I call the buyer's attorney on my own or what else can I do?

Attorney Answers 4


  1. No one can know why someone isn't returning someone else's calls. Maybe the buyer doesn't want to buy the property anymore; who knows.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. It is unprofessional of the buyer's attorney not to return your attorney's phone calls... maybe try having your attorney write him a letter and/or send an e-mail. Hopefully that will get a reply.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.


  3. Calling the buyer's attorney directly will get you nowhere. That attorney is aware you are represented by counsel, and is ethically prohibited from speaking directly with you.

    As my colleagues correctly suggest, ask your attorney to call the buyer's attorney to ask for a status update.

    This communication is intended only to provide general information. No attorney-client relationship is created.


  4. As previous counsel expressed, it is difficult to know why the other attorney isn't returning your attorney's calls.

    I think that if your attorney cleared title and there is no reason for the purchaser not to go through with the transaction, then perhaps your attorney should send a "Time is of the Essence" letter. This should either get the closing set or have the purchaser's attorney send a letter set forth his client's position. Either way the issues will be clarified.

    I don't understand why the utilities are in the purchaser's name. Has he taken possession? If he has and won't close then I would take steps to have him removed.

    Note: This response is for general informational purposes only. No attorney-client relationship is created. No responsiblity shall be taken by the submitting attorney for any individuals acting pursuant to any information contained herein.

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