never ending court case

My parents sold their house 2 years ago. They obtained a Title 5 (septic tank inspection) by a state licensed inspector, which is required prior to closing in Massachusetts. About 6 months later they received a letter from the buyers attorney claiming that the septic tank wasn't working properly and that they must have fraudulently obtained the inspection. They retained an attorney immediately to resolve the situation. He advised them that he didn't see how this going to court since they had followed the state guidelines in obtaining the Title 5. Since then, this has evolved into an actual lawsuit costing my parents a great deal of money. The judge gave the plaintiffs 20 days to provide viable evidence that my parents had knowledge that the septic tank wasn't up to code at the time of sale (which obviously didn't exist). The 20 days have passed and they've again received legal papers with the same lawsuit slightly re-worded. The attorney said that the only reason that this case has gone this far is because the plaintiffs’ lawyer used the phases "fraudulently obtained" and "had knowledge prior to closing". The plaintiffs’ attorney hasn't provided any evidence to support his claim and appears to be trying to wear them down to the point where they'll just give in. How can they stop this chain of events permanently without spending thousands more? I would also like to know if they could counter sue for the attorney fees spent thus far, as this appears to just be harassment.

[HomeGuru]

Have their attorney file a counterclaim.

They've asked the attorney about that and he claims that they cannot counter sue when a lawsuit is in district court (some kind of Massachusetts law). Do you know this to be false? If they could counter sue:
Would it be for harassment?
How would they go about proving a claim like that?
Is there precedence they could site to the judge to prevent future frivolous lawsuits from these people?

[HomeGuru]

Originally posted by paillen
They've asked the attorney about that and he claims that they cannot counter sue when a lawsuit is in district court (some kind of Massachusetts law). Do you know this to be false? If they could counter sue:
Would it be for harassment?
How would they go about proving a claim like that?
Is there precedence they could site to the judge to prevent future frivolous lawsuits from these people?

My response: hahaha. I suggest you get the story straight from this attorney. Talk to him/her directly and get to the bottom of things. Thus far, all I have heard that this lawyer said is a load of crap.

I'm surprised and excited that you should say that. A counterclaim may be enough to get these people off their back, for good. Would the recommended counterclaim be for harassment? Is the proof of a harassment counterclaim as simple as proving that the plaintiffs' lawsuit was frivolous? I ask this because the plaintiffs' attorney has no proof of any misdoing on my parents’ behalf and he hasn't made an attempt to provide proof to the court.
Beyond the counterclaim, I'm still curious as to how they can get the case thrown out permanently to prevent more unnecessary legal fees. Do you know of precedence or can you advise me where/how to research.

[HomeGuru]

Please pose your fine questions to THAT attorney.