Deutsch & Schneider, LLP

Review: I hired Mr. [redacted] of Deutsch and Schneider LLP to help me close on a house as my closing attorney. [redacted] misrepresents me in many ways that I start to believe he is working for the Seller more than me. When signing the contract [redacted] advise me that the house will be delivered in the current condition. I explain to [redacted] that it is a new house and it is still under construction, I will not except it in its current condition. I was promise stainless steel appliances but there was none on the premises at the time. I was promise that they will cut the curb to make a drive way in front of the house, but they have not done so yet. The lanolin titles in all three apartments living rooms were defective and needed to be replaced. I informed [redacted] that I cannot buy the in its current condition. [redacted] insisted that I should sign the contract that he will amend the contract before he sends it to the Seller. [redacted] did not amended the contract as per our agreement because I have been asking for the copy of the amended contract, I have not received the amended copy contract as of yet. Because [redacted] failed to process the amended contract, the Seller feels that he is not obligated to do the repairs. This is why I feel [redacted] has misrepresented me. On the day of the closing April [redacted] 2013 I produced to them a 70 pages report regarding the inspection of the repairs of the house, and a $ 45,000.00 estimate. Because [redacted] was not working for me I was force to except $15,000.00 in escrow instead of the $45,000.00 estimate for the escrow I requested. The two attorneys made an agreement to keep the $15,000.00 in escrow so that the seller do the repairs that is on the Punch list in a timely manner in 15 days, if the repairs are done within the 15days the seller get to keep the $15,000.00 that is in the escrow account and if the repairs are not completed in the 15 days I get the $15,000.00 in the escrow so I can finished the repairs myself.Desired Settlement: I want [redacted] to be investigated and also want him to call the Seller so that he can release the $15,000.00 in the escrow account so that I can do the repairs myself.

Business

Response:

I represented this person in his purchase of a newly constructed home in the Bronx. When we first met to sign the contracts, I went through every page of the contract with [redacted]. I specifically asked him if there was anything he was promised by the seller's which was not reflected in the contract. He stated, no, as long as the house is completed he is happy. Although he states otherwise in his complaint, at no time prior to the actual closing did [redacted] advise me that he was promised either Stainless Steel appliances or a curb cut, otherwise, I would have certainly included those in the contract.

At the time of closing, before [redacted] signed any documents, I asked him if he did a walk through inspection prior to the closing. He advised that he did and that he was unhappy about the condition of the property. He then disclosed to me for the first time that his inspection revealed numerous items which needed to be fixed at the property. At that point in time, I asked [redacted] to leave the closing room so that I could talk to him out of the seller's presence. I then specifically told [redacted] that I did NOT recommend him to close if he was not satisfied and that I wanted to adjourn the closing to a later date to allow the seller to correct all the items requested be completed, at which time we could then close. [redacted] was adamant that he close that day and would not adjourn the closing, and insisted on holding the sum of $45,000.00 in escrow to guarantee the work be done by the seller. He also agreed at the closing that he was satisfied with the applianc es that were in the house which were new but not stainless steel, and also agreed that the seller would NOT be installing a "curb cut" driveway.

At that point in time, I discussed holding an appropriate escrow for the seller to guarantee that they completed the work, however seller only wanted to hold $5,000.00. After much negotiation, and against my advice, [redacted] agreed to close provided the seller complete certain agreed upon repairs within 15 days.

After the closing, I received a telephone call from [redacted] stating that the seller did not complete the work in time as agreed and that he wanted the $15,000.00 that was held in escrow.

I immediately called the seller's attorney and was informed that my client had changed the locks and refused to allow the seller's workers access to complete the work to be done. Further I was informed by both the seller's attorney, as well as [redacted], that [redacted] called the NYC Police Department and filed a complaint against the seller's workers for trying to enter the home to complete the repairs.

At that point in time all parties agreed to meet at the property to see exactly what condition the property was in and see if we could work something out whereby the seller would have his workers enter the premises to immediately finish the repairs desired by [redacted].

Even though my job as his closing attorney was complete, I personally traveled to [redacted]'s house and went through the entire house with [redacted], his own contractors who he claimed had begun some work on the home, the real estate broker who sold him the home as well as the seller and his workers. The seller agreed to immediately fix any and all items that needed to be repaired, however [redacted] flat out refused and demanded the $15,000.00 that was held in escrow.

[redacted] then advised me that he was going to hire another lawyer and sue the seller for an amount which he claimed would cover his repairs. I wished [redacted] good luck and told him that if he needed anything from me to let me know.

Finally, I would just like to state that prior to this closing I never met this seller, nor had I ever spoken with him or represented him. For [redacted] to state otherwise is untrue and offensive.

Business

Response:

[redacted] is entitled to his opinion, however he is wrong. The one new item which he is now claiming is that I only wanted this deal to close so that I could get my commission. This is an outright lie. I did not receive any sort of commission from any party to close this transaction. I did NOT act as the real estate broker here, only as [redacted]'s closing attorney. Maybe he is confusing me with someone else.

I believe my previous response sufficiently addressed all of [redacted]'s comments and/or concerns about my representation of him. At not time did I represent anyone in this transaction other than [redacted].

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]See [redacted] thinks this is a joke, I am not stating my opinion, that I am stating the fact, and the fact is when I haired you as my closing attorney, the agreement between me and you was you will only get paid after I close, and that is what I was referring to as you only get paid or made your commission only when I close in my previous reply, and that is why you was eager and pushed so we close that day without much concern about the repairs or reasonable money in the escrow, and that is a misrepresentation, I was not adamant to close and that you did not advise me not to close as you stated in your previous reply I also know who you are and the part you play at the closing because I hired you