Lawwly

North Bay Council, Inc. v. Bruckner

New Hampshire Supreme Court

563 A.2d 428 (1989)

Relevant factsFree

A 1951 deed contained several restrictive conditions, including a right of first refusal, and its text made it doubtful whether that right (unlike one explicitly time-limited condition) had actually expired; when North Bay Council (plaintiff) considered buying the property in 1961, its attorney Bruckner (defendant) reviewed the deed and orally advised that all restrictions, including the first-refusal clause, had expired. The council relied on this advice and bought the property in 1962, only to discover by 1979 that the unexpired first-refusal clause clouded its title, ultimately allowing the original grantor's heirs to claim a right to buy the property back at the 1962 price; after losing a quiet-title action, the council sued Bruckner for malpractice, and the jury found for Bruckner.

IssueFree

Whether a lawyer's opinion on title to real property must apprise the client of any cloud on the title.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases