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Started By
Message
1
Posted on 12/27/21 at 4:45 pm to TigerChick2018
If needed. My lawyer in Gainesville.
James Gray esq.
352.371.6303.
Edit: I've used him on a number of property transactions. He’s been in
Business forever it seems. He knows his shite and never led me wrong.
James Gray esq.
352.371.6303.
Edit: I've used him on a number of property transactions. He’s been in
Business forever it seems. He knows his shite and never led me wrong.
This post was edited on 12/27/21 at 6:02 pm
Posted on 12/27/21 at 4:45 pm to wallyb
quote:
LLC based out of XXXXX that "flips" properties and does investment/vacation rentals
Hate these fricks, similar type of LLC bought up a couple properties near me and rent them out to shitheads that don't give a frick about property/neighbors. The ones we are dealing with are almost impossible to get a hold of.
I'm in Florida, as others mentioned lawyer up.
Posted on 12/27/21 at 4:57 pm to wallyb
Until you are served w/ a subpoena I wouldn't do a thing.
Asking a realtor isnt a legal maneuver. I wouldn't waste time on a legal advice until its needed.
Asking a realtor isnt a legal maneuver. I wouldn't waste time on a legal advice until its needed.
Posted on 12/27/21 at 5:04 pm to wallyb
quote:
Well, here we are 3 months later, and I get a message from my realtor this morning (12/27) saying they are demanding $23,000
Who exactly are they demanding it from? You? Or the realtor? Have you been sitting anything certified? Have you been subpoenaed?
Posted on 12/27/21 at 5:11 pm to AbitaFan08
quote:My advice is to take this advice.
My advice is to get an attorney and ask him or her for advice.
Posted on 12/27/21 at 5:15 pm to wallyb
Arbitrary holiday deadlines are the biggest hint at this being complete horseshite. Let them file suit.
Posted on 12/27/21 at 5:21 pm to wallyb
Our benefits at work include a service that can provide consultation with an attorney; you may want to check with your HR dept.
Posted on 12/27/21 at 5:28 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.
I'm not a lawyer, but I've dealt with enough of them to chuckle at a 3 day notice during the holiday season.
Posted on 12/27/21 at 5:33 pm to wallyb
Note not legal advice, but one thing to consider is if they do sue you which jurisdiction would they file suit in and then where do you live now. If you moved to another state, venue can come into play as an argument to drop the case depending on where they sue you. But they can still try to file it where they want, but you could use venue as a trump card if there reasons why it should be filed somewhere else.
But the key thing is once you get to the lawsuit phase and are served, run don’t walk to an attorney’s office to get an answer drafted. In some places you only have 15 calendar days to draft an answer to file once you are served; otherwise, they can get a default judgement with no response. If you cannot see an attorney to file your answer, you can draft your own there are templates online. You can answer each of the allegations that you affirm or deny the allegations set forth in each paragraph of the suit. And then add affirmative defenses. But once you start going that far you may want an attorney. You can answer some sections answer will be amended once counsel is retained. Just be careful of what you put in your answer sometimes you don’t want to show all your cards at that phase, or add anything incriminating that could jeopardize the case.
But the key thing is once you get to the lawsuit phase and are served, run don’t walk to an attorney’s office to get an answer drafted. In some places you only have 15 calendar days to draft an answer to file once you are served; otherwise, they can get a default judgement with no response. If you cannot see an attorney to file your answer, you can draft your own there are templates online. You can answer each of the allegations that you affirm or deny the allegations set forth in each paragraph of the suit. And then add affirmative defenses. But once you start going that far you may want an attorney. You can answer some sections answer will be amended once counsel is retained. Just be careful of what you put in your answer sometimes you don’t want to show all your cards at that phase, or add anything incriminating that could jeopardize the case.
Posted on 12/27/21 at 5:33 pm to Jcorye1
I wouldn’t do shite until they actually filed suit against you.
Posted on 12/27/21 at 5:35 pm to RockyMtnTigerWDE
quote:
This falls on their inspector. He could have looked from the crawl space or moved furniture.
They will probably sue the inspector too. They throw everyone in these suits usually to get something to stick.
The thing about the inspector is that they have a ton of disclaimers in their contract to get them out of liability. They also have E&O insurance and you can bet their underwriter has some amazing firms on retainer for cases like this. The inspector will say he was limited due to floor covering and not having x-ray vision. Not exactly that obviously but you get the idea. Their contracts state they can only inspect what they can see and they can't see inside of walls and are limited on crawl spaces.
To the OP, I was once sued on a flip house 7 years later after selling it. The buyer said I hid termite damage which I did not. Long story short, termites were found so I put it under bond for him and he accepted it. What he forgot to mention is that he let the bond slip and didn't renew it so the termites came back. The only issue for me is that I did repair some termite damage that was found. That one spot is what he said I hid and even though we put it under bond he tried to argue I never notified him about that one wall that was repaired. That was a grey area my attorney said. I was under the assumption the other damage and bond covered me but apparently, it was questionable if it released me from all liability. Even the "as-is" clause is null if you intentionally hide damage FYI.
He tried to sue me for redhibition which at that time the property was worth $40K more than he paid for it so I called his bluff and said OK I will buy the house back for what you paid for it. He walked that back then asked for $40K to cover repairs. I said no and a court date was set. I calculated what attorney fees were going to cost me and sent him that in an offer. It was $5K. He accepted it and we all moved on. I could have risked it but I decided it wasn't worth it even though I felt I was in the clear. You never know what can happen in court.
I am no attorney but have been in RE and construction for 20 years now. Used to be a realtor, have flipped house, and have built on spec.
I think you are in the same grey area I faced and the hang-up for you is that you did repair some water damage in a previous spot so that shows you knew there was moisture damage in other areas. That may bite you even without the lack of a water intrusion event. And as I stated above, the "as-is" clause is not a get out of jail free card if you intentionally hide damage
ETA: Where I messed up is that during that time I had one LLC that owned everything and had assets. I now flip under one LLC and hold rentals and other assets under another. If I ever get sued again over a flip I will just shut the LLC down and open another since it doesn't own crap. They can get a default judgment on it for all I care.
This post was edited on 12/27/21 at 5:43 pm
Posted on 12/27/21 at 5:41 pm to wallyb
quote:
LLC based out of Tennessee that "flips" properties and does investment/vacation rentals.
They do this for a living and are trying to scare you or strong arm you.
Posted on 12/27/21 at 5:43 pm to wallyb
Would not give them a dime. They had inspection, you gave additional concessions at closing, and signed as is. They have to prove you willingly misguided them.
Posted on 12/27/21 at 5:48 pm to SixthAndBarone
quote:
I would think they need to prove you knew about water damage in order to claim you didn’t disclose.
He made other flooring repairs due to water damage. He admitted it in his OP.
That can be what does him in.
Posted on 12/27/21 at 5:50 pm to stout
quote:
He made other flooring repairs due to water damage. He admitted it in his OP.
That can be what does him in.
I thought that too, but it was disclosed. And the day before closing, additional areas of concern were brought up regarding soft floor areas, and a payoff was agreed to.
I still think this comes down to termites.
Posted on 12/27/21 at 5:50 pm to keakar
quote:
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.
So many people don't truly understand "as-is"
If they can prove you intentionally hid damage and didn't disclose it, the "as-is" doesn't protect you at all.
Posted on 12/27/21 at 5:55 pm to wallyb
They signed the contract for an as is house. Tell them to kick rocks and tell your realtor to back you up or shut up.
Posted on 12/27/21 at 5:58 pm to stout
quote:
So many people don't truly understand "as-is" If they can prove you intentionally hid damage and didn't disclose it, the "as-is" doesn't protect you at all.
Can you use this trick when you buy a lemon at a car dealership “as is”?
Posted on 12/27/21 at 5:59 pm to deeprig9
quote:
I thought that too, but it was disclosed
I didn't see where he disclosed that those repairs were made just that he had them made. I did see where an agreement was made for the additional soft spots that were found.
As I stated, I was in the same boat. I repaired some areas but they claimed I didn't disclose the specific damage and repairs even though termites were disclosed and treated. The issue I ran into is that I wasn't specific enough apparently.
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