New Carpet?

[asil8170]

What is the name of your state?Colorado
I was just reading another thread by "leadworks" and it sparked another question. I've already posted a question here..."can I rescind," but, even though this is concerning the same property, I thought it would be best to start a new thread since this is an entirely different subject.
My house flooded 7 times in the first year we owned it. I'm currently in a legal battle with the sellers for failure to disclose the leaking basement windows. Anyway, in trying to prove that the sellers knew about the problem, I'm doing a little detective work. All the carpet throughout the house is teal EXCEPT the basement floor, which is tan. I've casually talked to a contractor who works for the company that built this home and found out that it is extremely unusual for these homebuilders to put 2 different carpets in their houses.
I was just wondering if homebuilders are governed by some sort of laws about how long they need to keep their records. What I'm getting at here is, I would like to look back and see if the original carpet was ALL teal. The sellers, who were the original owners, tell me that they never changed the carpet. The house was built in 1993. That means the records are 14 years old. Before I go and make a lot of long distance calls, I was hoping to find out if there was any chance that the records are still around. I've also run a C.L.U.E. report on the property and found no previous claims...but then again, there wouldn't be since the floods were due to rain not some mechanical malfunction.
So, if anyone can tell me how long these companies must hold onto their records, please let me know. Thanks you very much.

[nextwife]

THere could be a million reasons that a home that age had different carpeting:

A. The basement carpet was remnant, and the builder used something that was leftover from another project, or that they could pick up cheaper.

B. Basement carpet should not be jute backed, but synthetic backed. so they may not have been able to use the same carpet (is the teal jute or synthetic backed?)

C. Basement carpet is often foam backed, and upstairs carpet is not.

C. Maybe a prior owner had a dog or cat that had soiled the carpet to the point they no longer felt it could be cleaned properly.

D. The prior owner thought the teal was too dark for a basement area with a lower light level.

Records of 14 year old of carpet purchases are not required, as far as I know.

[asil8170]

Thanks for your reply.
A. I'm not sure about the remnant possibility.
B.The carpet that I pulled up in the basement, after the 2nd flood, WAS jute backed, as is the teal carpet.
C.Neither the teal carpet nor the basement carpet were foam backed but both had carpet pad separately.
C.(#2)The previous owners never had any pets. They told me this when I had inquired about a totally separate issue.
D.Can't tell you what the previous owners were thinking.
But, since the previous owners did tell me that they never replaced the carpet, items C#2 and D are pretty much mute points.
I know that you don't believe that 14 year old records need to be saved but could you possibly tell me where I might look to find a definite answer on that? A lawsuit to the tune of $50,000+ relies on my ability to prove that they knew about the leaking basement windows.

[las365]

I'm currently in a legal battle with the sellers for failure to disclose the leaking basement windows.

Are you represented by an attorney? In regard to trying to get records from the homebuilder, you would do a deposition by written questions to the homebuilder and perhaps depose someone from the company personally to try to get the answers to your questions. In addition to asking about the carpet, you would ask if there was any warranty work done on the house after it was built. Your attorney would have other questions for them too, I would imagine.

items C#2 and D are pretty much mute points.

It's "moot." Not "mute." Just so you know.

[asil8170]

OOPS, "moot" my bad!
Thank you so much for your reply. I believed that I had thought of everything but the warranty issue never popped into my head. I'll look into that!
And, yes. I have an attorney. Let me stress...I HAVE AN ATTORNEY...as for representing me, that's questionable! I have done ALL the background work on this case. He has COLLECTED the facts I have gathered for him. I was in Colorado 2 weeks ago for mediation on this case (our damages were over $50,000 and the seller's high offer was $3000...neddless to say, we didn't settle.) As we walked out of the mediator's office, I asked my attorney if we could go together to obtain depositions from several witnesses while I was still in Colorado. He told me that we would do just that on Friday and that his office would call me to set up a time. I left the next Sunday without hearing a word from him, even after I had called his office 6 times in 2 days. When I got home, there was a letter from my attorney saying that he was going to make a supplemental disclosure to add my real estate agent as another witness. That was it!!!!!!!!!!!!!! Not one mention of missing our chance to take depositions together...like he forgot we ever talked about it. He has done something like this before. In July '06, my house flooded for the 7th time. After that, my damages went way over the $15,000 limit we could ask for in County Court. I talked to my attorney and we agreed to a change of venue...to District Court. Four months later, after I had moved back to Iowa, a got a letter from him saying that, since our damages were so high, I should consider taking this to District Court. I was on the phone 2 minutes after I read that. I wanted to ask him if he DID NOT recall our meeting in July. Of course, he was in court. He didn't return that call until 9 days later. I had cooled down by then.
So, yes I HAVE an attorney. Will HE come up with some questions for the homebuilders and contractors...I doubt it. That's why I'm here.
Again, thank you.

[asil8170]

It has been suggested that I look into the warranty history of my house, the only problem is that I have NO idea how to get that information. Can anyone help with this? I know how to find the insurance history by running a CLUE report but since flooding caused by weather is not covered, it does no good. Thanks in advance for any help.

[asil8170]

Does anyone out there have an answer to this? I talked to my attorney today (finally, and he gave me a total of 45 seconds of his time) and he had NO suggestions. So, since it seems like my attorney isn't going to take the initiative to look into this, I was hoping that one of you might be able to shed a little light on this subject. Thanks.

[lolbackagain]

Aaaaaah yeah, go back and tell your attorney that you want some freaking answers NOW!If he don't give you the answers you like, tell him you will sue him " legal mal" When your ship arrives hop on a bus to Boston! Hope this helps! Good luck!

[asil8170]

lolbackagain, what is your problem? I have a legitimate reason to be here, with a legitimate legal question. Why are you here? As far as I can tell, your only purpose is to be a pain in the butt. The only thing you said that gives me a glimmer of hope that you might have a tiny shred of intelligence is...talk to your attorney. Then I remember that I have already stated that my lawyer (who is 700 miles away) barely gives me the time of day and seems totally uninterested in my case, and all hope is lost.

So, if anyone with more intelligence than lolbackagain (I guess that would be EVERYONE, my guinea pig included) has an intellectual response to my question, please let me know. Thanks.

BTW, my attorney, who's barely representing me, has informed me that he will be out of the office for 10 days, since he will be golfing in Ireland.

[moburkes]

You can find another attorney. It appears that LOL was attempting to give you information. Instead, as usual, you've got something up your butt, and took it the wrong way.

They were telling you that when you win your malpractice suit from your attorney, you will then have the money for your doctor visits.

I, personally, think you need to find another site. You previously said you were don't posting, but haven't.

[asil8170]

I've thought about a new attorney and have even discussed it with the lawyer who helped me with my divorce. She told me that not only would I lose my $2500 retainer but would also have to fork out another chunk of money for the next attorney. Not only that, she said that many lawyers do not like to "clean up someone else's mess," especially if that person is a well respected and popular part of his legal community. So, even if I could afford a new lawyer, I'm afraid that I would lose more ground than I would gain. And since I'm stuck with an attorney that offers little help, I've come here in hopes that there might actually be a person out there that wants to offer a bit of assistance instead of "stirring things up" just for the ENTERTAINMENT of some rather "SICK" individuals who have nothing better to do.

And if you TRULY BELIEVE that lolbackagain was SINCERELY TRYING TO HELP, the tiny bit of hope I held for your intellect has also been eliminated.

So, now that that issue has been cleared up...can anyone offer an answer to my question?

BTW, when I said that I was done posting, it pertained to the malpractice and family law forums which produced nothing but "Blah, blah, blah..." It's truly unfortunate that, what COULD be an extremely helpful website, has, for the most part, been turned into a mud-slinging battleground for those who "have fun" at other people's expense.

[moburkes]

If your lawyer has done any work for you, then part of your retainer has been spent. However, it is NOT legal for the attorney to keep any other portion of your money.

[asil8170]

Since my attorney has been "working" on this case since last October, there is an $8.00 balance in my account. I'm not sure but I doubt that I could hire a better lawyer for that amount.

[moburkes]

Originally Posted by asil8170

Since my attorney has been "working" on this case since last October, there is an $8.00 balance in my account. I'm not sure but I doubt that I could hire a better lawyer for that amount.

That is a completely different statement than saying that you will LOSE $2500. Very misleading.

[asil8170]

EXCUSE ME if YOU "took it the wrong way!!!" When I said that I would lose $2500 I meant that, since I believe that my attorney has done VERY little work on my case and there is no hope for a refund of what he has already charged me...my money would be lost.