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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 4:16 pm to wallyb
Posted on 12/27/21 at 4:16 pm to wallyb
A quick search.
LINK
Sellers list their homes for sale as-is when they don’t want to do any repairs before closing. It means there are no guarantees from the seller that everything’s in working condition, and they’re not required to provide a seller’s disclosure. If you buy an “as-is” home and later find major problems, you’re responsible for the repairs.
“As-is” sellers still need to meet federal and state minimum disclosure standards, which include telling you about things like lead paint.
That’s presuming you disclosed everything. They got an inspection done also.
LINK
Sellers list their homes for sale as-is when they don’t want to do any repairs before closing. It means there are no guarantees from the seller that everything’s in working condition, and they’re not required to provide a seller’s disclosure. If you buy an “as-is” home and later find major problems, you’re responsible for the repairs.
“As-is” sellers still need to meet federal and state minimum disclosure standards, which include telling you about things like lead paint.
That’s presuming you disclosed everything. They got an inspection done also.
This post was edited on 12/27/21 at 6:01 pm
1
Posted on 12/27/21 at 4:16 pm to Gorilla Ball
quote:
Wrong. An inspector can’t or won’t be held liable for things unseen. Ex if there are boxes in the attic they aren’t moving the boxes to inspect what’s under or around the boxes. Stay in your lane.
Truly the Sergeant Schultzes of the real estate industry.
Posted on 12/27/21 at 4:17 pm to WDE24
quote:
WDE24
quote:
Chad504boy
would you two please get over yourselves and focus? we have a company to ruin!
Posted on 12/27/21 at 4:17 pm to wallyb
quote:
of course every law office in Pensacola is either closed this week or cannot get me in for a consultation that quickly.
I would think you could call any law office in Florida, doesn’t have to just be Pensacola
Posted on 12/27/21 at 4:19 pm to wallyb
Not legal advise: tell them to get bent.
Posted on 12/27/21 at 4:19 pm to wallyb
Something similar happened to my parents when they sold my grandparents house after they passed. It had known foundation issues that were discussed and disclosed, but they claimed we hid the severity. Which was bullshite. They wanted about $15k. I offered a resolution of paying the $15k in $20 installments every time one of them came and sucked my dick. I never got a response 
Posted on 12/27/21 at 4:19 pm to Bbobalou
quote:
That’s presuming you disclosed everything.
That's key here. If they can somehow prove the seller knew something they weren't disclosing, even if the inspector didn't find it, the seller is still in hot water. The termite stuff OP brought up is suspicious.
This post was edited on 12/27/21 at 4:21 pm
Posted on 12/27/21 at 4:20 pm to wallyb
I would spend $23K on a lawyer before I would fix property they own.
Posted on 12/27/21 at 4:23 pm to wallyb
It will take them time to file suit, don't give them a red cent.
You may end up paying, but it wont be anywhere near 23k
You may end up paying, but it wont be anywhere near 23k
Posted on 12/27/21 at 4:25 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.
I don't know about Florida law, but it could be reciprocating. If they sue him and they lose, then they are responsible for his legal fees.
Posted on 12/27/21 at 4:26 pm to wallyb
You said contract AS-IS you should be good.
Posted on 12/27/21 at 4:27 pm to wallyb
Seems like they will have to prove you knowingly did not disclose the problem. Also, it seems to me that they noticed some soft spots and disclosed it to you. Not only were you unaware of the issue, the inspector was unaware too.
Maybe have a lawyer write to them that they disclosed some soft spots to you in which you did not know about. After they disclosed this to you, a monetary agreement was made by the two parties, and they took the money and signed the deal.
Disclosure: I am NOT a lawyer.
Maybe have a lawyer write to them that they disclosed some soft spots to you in which you did not know about. After they disclosed this to you, a monetary agreement was made by the two parties, and they took the money and signed the deal.
Disclosure: I am NOT a lawyer.
Posted on 12/27/21 at 4:30 pm to billjamin
quote:
I offered a resolution of paying the $15k in $20 installments every time one of them came and sucked my dick. I never got a response
No you didn’t
Posted on 12/27/21 at 4:32 pm to wallyb
1. You have no reason to respond to the demand letter by their deadline. Let the deadline pass and see if they follow through with a suit. In the meantime…
2. Hire a FL real estate attorney to review your contracts and settlement documents amd to represent you in any potential litigation. Ignoring their ridiculous deadline means you have plenty of time to do so.
3. If they do in fact file suit, the onus is on them to prove that you knew about the damage and failed to disclose it.
4. Even if you failed to disclose it, I’m guessing a competent attorney would be able to greatly mitigate any damages based on the “as is” sale and the addendum addressing the damage they discovered. They had opportunity to inspect the home more than once, including once they knew about the problem. They failed to investigate fully enough to discover the scope of the problem.
5. I would be willing to bet that the “damage” they found is nowhere near 23K. They are trying to scare you into forking up the money. Or at least into talking to them so they can pressure you into settling this for some amount between $0-$23K.
6. Do not talk to them or their attorney. Once they send legal demand letters threatening a suit, they lose the privilege of communicating with you. They get to correspond in written fashion with your attorney from now on.
7. Check 2 places for attorney assistance. First- your employer may have legal assistance as a part of your benefit package. It will at least give you a referral to a reputable attorney in the Pensacola area. Second- if you have an umbrella liability policy for your family, contact the insurance company and see if they will provide legal assistance. This would be the kind of thing they might be responsible for so they would be interested. However- be aware that they will definitely want to work out the most cost-effective solution for them. In other words they would be much more likely to cut a check to make the problem go away if that check would cost less than their financial obligation.
IANAL, and I slept in my own bed last night. But I have read plenty Grisham and Turow books in my life.
2. Hire a FL real estate attorney to review your contracts and settlement documents amd to represent you in any potential litigation. Ignoring their ridiculous deadline means you have plenty of time to do so.
3. If they do in fact file suit, the onus is on them to prove that you knew about the damage and failed to disclose it.
4. Even if you failed to disclose it, I’m guessing a competent attorney would be able to greatly mitigate any damages based on the “as is” sale and the addendum addressing the damage they discovered. They had opportunity to inspect the home more than once, including once they knew about the problem. They failed to investigate fully enough to discover the scope of the problem.
5. I would be willing to bet that the “damage” they found is nowhere near 23K. They are trying to scare you into forking up the money. Or at least into talking to them so they can pressure you into settling this for some amount between $0-$23K.
6. Do not talk to them or their attorney. Once they send legal demand letters threatening a suit, they lose the privilege of communicating with you. They get to correspond in written fashion with your attorney from now on.
7. Check 2 places for attorney assistance. First- your employer may have legal assistance as a part of your benefit package. It will at least give you a referral to a reputable attorney in the Pensacola area. Second- if you have an umbrella liability policy for your family, contact the insurance company and see if they will provide legal assistance. This would be the kind of thing they might be responsible for so they would be interested. However- be aware that they will definitely want to work out the most cost-effective solution for them. In other words they would be much more likely to cut a check to make the problem go away if that check would cost less than their financial obligation.
IANAL, and I slept in my own bed last night. But I have read plenty Grisham and Turow books in my life.
Posted on 12/27/21 at 4:33 pm to wallyb
quote:
They are giving us a deadline of 5:00 PM on 12/31 to respond before they file a lawsuit and of course every law office in Pensacola is either closed this week or cannot get me in for a consultation that quickly.
That shite is strategically shitty.
Posted on 12/27/21 at 4:34 pm to wallyb
Tell them to get fricked. They had a due diligence period. They set terms for repairs upon final walkthrough and you agreed. Closing means closed. You owe them shite.
This post was edited on 12/27/21 at 4:37 pm
Posted on 12/27/21 at 4:38 pm to wallyb
I see you sold as is but did you also get a waiver or redhibition?
Posted on 12/27/21 at 4:39 pm to wallyb
I’d call 888-8888 and counter sue for major emotional distress. I would ask for 7 figures.
Posted on 12/27/21 at 4:42 pm to wallyb
quote:
The buyers also did not get a termite/WDO inspection in Florida of all places.
They way you worded this sounds like you knew about some previous damage, did not disclose, and you believe it is the buyer's fault for not getting a termite inspection.
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