Lawyers

DeeVeeEight

DeeVeeEight

Fast Pedalphile
Joined
Nov 3, 2008
Messages
2,284
Location
Southern New Jersey, USA
We bought our new home on Feb 19, 2010
We found out within a few weeks that the sellers were not honest with regards to the disclosure statement on the house, we had plumbing and basement flooding issues as well as several other issues.
I contacted a lawyer who said he was interested in the case. Several months later, after trying to reach him several times, he backed out without giving any reason. I called a friend and got another referral for another lawyer. I contacted the second lawyer and also got a runaround for several weeks - no one wants to take the time to return a phone call! The second lawyer finally called and apologized saying that he was unable to take the case - something about him getting selected to be a judge, so he referred us to yet another attorney. The 3rd attorney has been playing this same game - he does not return calls and will not say wether or not he will take the case. Now our 1 year statute of limitations is fast approaching and we have been kept in limbo by these attorneys all this time! WTF! :rain:
 
The Sopranos built the house, and they don't want to touch the case....

I have to see some outside pix about the land/grading to lend much advice....

:flash::mad::goodnight:
 
Sorry to hear this.
We had a termite swarm about 4 months after we moved in.
4 months after a home inspection which cleared everything.....:smash:
We had the whole house tented and had the poison gas thing done.
All in all like 3 grand that could have gone towards something nice like my everlasting 383 project.
As far as lawyers are concerned, your case is probably too much hassle with too little return. You need to let go of the idea that lawyers are here to help you. They're not. They have chosen a profession where other people's misfortune will make them rich..hopefully.
You might be better off to just take a deep breath and let it go......
 
What's the total damages that you're hoping to recoup? If not much more than a couple of thousand, you may be better off taking them to small claims court yourself. At least that way you don't incur legal fees which will be in the thousands as well and there's no gurantee that you'll recoup those even if you win.

If you're in the tens of thousands, I'm surprised that a lawyer won't take th case unless there isn't much evidence to support your position.
 
Imo Apita said:
Sorry to hear this.
We had a termite swarm about 4 months after we moved in.
4 months after a home inspection which cleared everything.....:smash:
We had the whole house tented and had the poison gas thing done.
All in all like 3 grand that could have gone towards something nice like my everlasting 383 project.
As far as lawyers are concerned, your case is probably too much hassle with too little return. You need to let go of the idea that lawyers are here to help you. They're not. They have chosen a profession where other people's misfortune will make them rich..hopefully.
You might be better off to just take a deep breath and let it go......
Click to expand...

Home inspectors are useless.....because they depend on their cards being handed out by Real Estate agents.....so if they kill too many deals....they are outta business.....

so to any purchaser, you have to hire your OWN MAN....not beholding or even KNOWN to ANY agent involved...his report is YOURS ALONE, and not to be shared.....

remodeling homes for 25 years....I think I seen it all, then again there IS Tomorrow.....:eek::smash::thumbs:
 
I won a 10k judgment from an arbitrator against the PO of my first home for misrepresentation.

Ask for a receipt for any major work they claim to have had done.
 
DeeVeeEight said:
redvetracr said:
no home inspection?
Click to expand...

We did have a home inspection but IMO the inspections are worthless. The fine print on the inspectors report limits their liability to $250.00 and binds you to arbitration....:pprrtt:
Click to expand...

Ah yes, but you can't waive negligence.
If they were negligent in thier inspection, or worse yet, as someone else mentioned, in collusion (which may place it in the criminal category), then you may have a much better shot at them.
Arbitration or not, I'm sure they carry E & O insurance. Go after it if they screwed up.

Imo Apita said:
...As far as lawyers are concerned, your case is probably too much hassle with too little return. You need to let go of the idea that lawyers are here to help you. They're not. They have chosen a profession where other people's misfortune will make them rich..hopefully.
You might be better off to just take a deep breath and let it go......
Click to expand...

While I disagree with letting it go, depending on the damages, you otherwise said a mouthfull!!

The day's of Perry Mason, fighting for right, truth and justice, are all but long gone:(
I see it every day, and the longer I'm at it, the more respect I lose for the legal profession as a whole, judiciary included.

This "for the people" crap, is just that. If they don't benefit, they don't party!

73 Mike said:
What's the total damages that you're hoping to recoup? If not much more than a couple of thousand, you may be better off taking them to small claims court yourself. At least that way you don't incur legal fees which will be in the thousands as well and there's no gurantee that you'll recoup those even if you win.

If you're in the tens of thousands, I'm surprised that a lawyer won't take th case unless there isn't much evidence to support your position.
Click to expand...

Unfortunately, ten's of thousands is nothing these days for most attorneys.
If we're not up in the 1/5 mill or better range, a lot of them "won't waste thier time" with the case.
It's pathetic that many of them think they're worth more than they are.

But as he said, if it's a small claims case, you can do this yourself.

Make sure you have all your documentation in order, review all contracts and it's associated nuances, and go file the case yourself.

You could to the larger case as well, but most of the time, you'll be up against some corporate mouthpiece who has funding by the client.

Best of luck:thumbs:
 
Sar Skipper said:
Ah yes, but you can't waive negligence.
If they were negligent in thier inspection, or worse yet, as someone else mentioned, in collusion (which may place it in the criminal category), then you may have a much better shot at them.
Arbitration or not, I'm sure they carry E & O insurance. Go after it if they screwed up.

Imo Apita said:
...As far as lawyers are concerned, your case is probably too much hassle with too little return. You need to let go of the idea that lawyers are here to help you. They're not. They have chosen a profession where other people's misfortune will make them rich..hopefully.
You might be better off to just take a deep breath and let it go......
Click to expand...

While I disagree with letting it go, depending on the damages, you otherwise said a mouthfull!!

The day's of Perry Mason, fighting for right, truth and justice, are all but long gone:(
I see it every day, and the longer I'm at it, the more respect I lose for the legal profession as a whole, judiciary included.


Make sure you have all your documentation in order, review all contracts and it's associated nuances, and go file the case yourself.

You could to the larger case as well, but most of the time, you'll be up against some corporate mouthpiece who has funding by the client.

Best of luck:thumbs:
Click to expand...


Goods points:clap:
I've seen all kinds of disclaimers signed and most people think they are valid, but, at least here in Florida, you can't sign your rights away, that are given by state or federal statutes.

You can find complaint form for their state license on the NJ website and all the statutes should be there as well. That should constitute action within a year. See if there is a "latent liability" clause in the statutes.
They have to carry $500,000.00 insurance, so there must be a reason for that liability limit.

This might also be worth a shot. Try a larger "public adjuster" company to take it on. They are hurting in this economy and will try to go after their insurance company if the laws apply. They are great for consumers and usually get 20% of recovered funds. Bigger ones are usually owned by lawyers.:smash:
Frankly, I would never talk to an insurance company again, just use these guys.
 
The public adjuster is an interesting idea, I don't know if it will fly or not but it is definitely worth asking about.

The day's of Perry Mason, fighting for right, truth and justice, are all but long gone
I see it every day, and the longer I'm at it, the more respect I lose for the legal profession as a whole, judiciary included.

This "for the people" crap, is just that. If they don't benefit, they don't party!

I couldn't agree more.
 
DeeVeeEight said:
I contacted a lawyer who said he was interested in the case. Several months later, after trying to reach him several times, he backed out without giving any reason. I called a friend and got another referral for another lawyer. I contacted the second lawyer and also got a runaround for several weeks - no one wants to take the time to return a phone call! The second lawyer finally called and apologized saying that he was unable to take the case - something about him getting selected to be a judge, so he referred us to yet another attorney. The 3rd attorney has been playing this same game - WTF! :rain:
Click to expand...

Are you trying to hire these guys on a contingency fee basis? An attorney is not going to take a contingency case unless he's got a good chance on winning. If you're paying an attorney on a per hour fee basis, I don't quite understand why they wouldn't take it unless they just don't want to be bothered. I'd think that a beginning attorney just starting out in business would bite on an offer of an hourly fee basis. You've been turned down by three attorneys. Try getting out the phone book and calling. Real estate attorneys would be a good bet. Any attorney who looks like he's done construction work, etc.
 
As a previous poster said, look into young lawyers. Why not go to your local college or university of legal studies and find a recent graduate? I have no idea about the subject at hand but what is your hoped/expected outcome?
 
I finally got a call back from the 3rd lawyer's office. It was a secretary, not the lawyer. She was polite and explained why he did not want the case. I was also polite and told her that I didn't mind that he wasn't taking the case but that he made me wait a month for his response on a time sensitive issue. I later called the 2nd lawyer to thank him for his efforts, when he heard that the 3rd lawyer did not have the courtesy (or the balls) to return my call personally and that he was not taking the case he got a bit miffed. He then also offered another referral (lawyer #4) even though I was ready to quit. Apparently lawyer #2 thinks this case is worthwhile. He feels that there is a fraud issue which could result in an award of triple damages which could easily put my case in the 6 figure bracket. I called lawyer #4 and received a prompt reply, he seems interested..... maybe there is still hope. I am not sure if this will work out with the lawyers but if all else fails I'll simply let my homeowners insurance cover what they will.
:fishing::fishing::fishing:
 
DeeVeeEight said:
I finally got a call back from the 3rd lawyer's office. It was a secretary, not the lawyer. She was polite and explained why he did not want the case. I was also polite and told her that I didn't mind that he wasn't taking the case but that he made me wait a month for his response on a time sensitive issue. I later called the 2nd lawyer to thank him for his efforts, when he heard that the 3rd lawyer did not have the courtesy (or the balls) to return my call personally and that he was not taking the case he got a bit miffed. He then also offered another referral (lawyer #4) even though I was ready to quit. Apparently lawyer #2 thinks this case is worthwhile. He feels that there is a fraud issue which could result in an award of triple damages which could easily put my case in the 6 figure bracket. I called lawyer #4 and received a prompt reply, he seems interested..... maybe there is still hope. I am not sure if this will work out with the lawyers but if all else fails I'll simply let my homeowners insurance cover what they will.
:fishing::fishing::fishing:
Click to expand...

With all the hurricanes down here in the last 20 years I've heard all kinds of stories, mostly from customers and how their insurance companies weren't the greatest when it came to paying up claims. Also heard of a few that used the public adjusters against their own insurance companies and the results were always better.
About a month ago, watching my daughter's soccer games I met another dad that is one of those public adjusters and of course I tried to get some info.
Some examples
Ins co offered home owner 5 grand for roof
He got them over 20 grand
Ins Co offered 15 grand for water damage from upper condo
He got them over 30 grand for new kit cabinets etc.
Ins Co offered 1/3 shingle roof repair
He got them enough for complete barrel tile roof

One warning, you must sign a contract with them, which is OK, but make sure there is a time limit on it, so if they drop the ball, you can switch.

Another game on Monday nite, so if you need some more info, let me know prior.
 
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