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Started By
Message
re: Need legal advice....Company who bought my house is suing me
Posted on 12/27/21 at 3:40 pm to fightin tigers
Posted on 12/27/21 at 3:40 pm to fightin tigers
quote:
Figure you are out 5-10k to hire your own lawyer to fight it to an undetermined ending.
Or
You are out 5-10k to the company and they waive all rights to come back at you.
You think a lawyer is going to charge 5-10K to respond with a letter that most likely would squash this?
I'm seriously asking because I have had to hire an attorney just two times in my life. One for divorce and another to look at a contract I needed to sign for a deal.
1
Posted on 12/27/21 at 3:40 pm to wallyb
I had a friend that replaced her floors and a few years later she had rotten floors all over the house. The problem was that the floor guys used a vapor barrier with the laminate floors, and because she had a raised house with crawl space, there was no need to use a vapor barrier. The floors could not ‘breathe’ so moisture and condensation caused the rot. Supposedly, you use a vapor barrier for slab homes, not off the ground.
Having said that, lawyer up and fight back, but big bro has deeper pockets. They have to prove that you misrepresented or concealed the damage.
Having said that, lawyer up and fight back, but big bro has deeper pockets. They have to prove that you misrepresented or concealed the damage.
Posted on 12/27/21 at 3:40 pm to wallyb
I wonder if they saw the repairs you previously made to the floor and are using that as “evidence” you knew there was a problem but didn’t disclose it.
Posted on 12/27/21 at 3:41 pm to wallyb
quote:
The realtors talked and we offered them a few extra thousand in seller credits to help cover whatever the cost would be to remedy and we all signed an addendum and agreed to sign and close the next day.
then you are done and tell them to frick off. sale was as-is that means just that as-is with no warranty or liability is assumed by you in any way and they agreed to it.
that is the whole point of an as-is sale, so they have no recourse to come back later suing for more money or anything they find is an issue after sale
Posted on 12/27/21 at 3:41 pm to wallyb
I’d contact the realtor for advice because they will likely be named as well as the inspector too. Sounds like a money grab but either way you’ll need a lawyer.
Posted on 12/27/21 at 3:42 pm to RockyMtnTigerWDE
quote:
That is the first thing that came to mind. I would bet they do this to almost all of their sellers they have done business with.
Selling a house is nerve racking as it is.
People who own companies who do stuff like this need to be punched in the nuts, repeatedly.
Posted on 12/27/21 at 3:43 pm to wallyb
I'd kindly remind them what "as is" means as well as their inspectors phone #.
Then I'd tell 'em to kick rocks.
Then I'd tell 'em to kick rocks.
Posted on 12/27/21 at 3:43 pm to wallyb
I wouldn’t even waste money on an attorney. Tell them if they want to sue, go ahead and try
Posted on 12/27/21 at 3:44 pm to wallyb
Tell them you will kill them if they don't drop the lawsuit.
Posted on 12/27/21 at 3:44 pm to wallyb
Sounds like the crawl space was not well ventilated and moisture staying under the home and penetrating the subfloor. This is not a leak it’s basically an inherent condition of the home.
But if they noticed the problem before the sale, negotiated a discount on the sale price, seems like they had notice, especially as a sophisticated buyer, and had the ability and opportunity to investigate further. And did not.
But if they noticed the problem before the sale, negotiated a discount on the sale price, seems like they had notice, especially as a sophisticated buyer, and had the ability and opportunity to investigate further. And did not.
Posted on 12/27/21 at 3:45 pm to Clark W Griswold
On a side note, we almost bought a house that had a shite ton of issues that the wife fell in love with.
Perhaps we could have sued the previous owner ( which coincidentally was owned by a LLC) for thousands.
Seriously, I bet we could have sunk 100k in the house to fix all the leakage and foundation issues.
Perhaps we could have sued the previous owner ( which coincidentally was owned by a LLC) for thousands.
Seriously, I bet we could have sunk 100k in the house to fix all the leakage and foundation issues.
Posted on 12/27/21 at 3:45 pm to wallyb
Get a lawyer, he will write them a letter and tell them to pound sand. Then hopefully that will be the end of it.
Posted on 12/27/21 at 3:45 pm to wallyb
They signed "as is" AND inspected the home.
They have no legal grounds, IMO
Disclaimer: "Not a lawyer & not providing legal advice"
They have no legal grounds, IMO
Disclaimer: "Not a lawyer & not providing legal advice"
Posted on 12/27/21 at 3:46 pm to ItTakesAThief
quote:
But if they noticed the problem before the sale, negotiated a discount on the sale price, seems like they had notice, especially as a sophisticated buyer, and had the ability and opportunity to investigate further. And did not.
yeppers. dick pic incoming.
Posted on 12/27/21 at 3:46 pm to wallyb
No reasonable 5 figure demand under similar circumstances would give only a handful of days before filing suit. That just reeks of all kinds of shitty behavior.
Posted on 12/27/21 at 3:46 pm to RockyMtnTigerWDE
Doubt they charge even 5k for a letter
Likely is the key term. No guarantee.
For me, I'm going lawyer and looking for a fight. No idea what my grounds are for recouping my attorney fees or even if it is possible. Some would rather cut their losses and not risk potential losses greater.
quote:
likely would squash this?
Likely is the key term. No guarantee.
For me, I'm going lawyer and looking for a fight. No idea what my grounds are for recouping my attorney fees or even if it is possible. Some would rather cut their losses and not risk potential losses greater.
Posted on 12/27/21 at 3:48 pm to wallyb
I would not give them 23k from a boat,
I would not give them 23K from a moat.
I would not give them 23k for here,
I would not give them 23 k for there
I would not give them 23k from anywhere.
I would make sure to get a lawyer though and insure you are protected as soon as possible.
I would not give them 23K from a moat.
I would not give them 23k for here,
I would not give them 23 k for there
I would not give them 23k from anywhere.
I would make sure to get a lawyer though and insure you are protected as soon as possible.
Posted on 12/27/21 at 3:49 pm to diat150
quote:
maybe offer them a lower amount. you def dont want to get into some litigation over $23k and end up spending that much or more.
Hell no, that is exactly what they are betting on. I have been sued for baseless claims like this, usually a response in writing from a attorney will end it.
Posted on 12/27/21 at 3:50 pm to Hergadoogadoo
quote:They would likely argue that seller knowingly concealed a latent defect in the seller disclosures thus fraudulently inducing them to enter into the “as is” contract.
What part of "as is" did they not understand?
Based on the info in the thread, I like the sellers position, but slap dick legal advice is just that.
Posted on 12/27/21 at 3:50 pm to wallyb
I agree with the legal advise, but I would also talk to your realtor about it. If nothing else they can probably recommend an attorney in the area that deals with issues like this.
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