Radon results back after Inspection deadline

[drobinson]

What is the name of your state? MA - I had committed to buying a house in MA, my realtor advised me to have a Radon test in addition to the home inspection, she set the turn around time to back out based on the home inspection clause for 2 days - the Radon results took 4 days and came back HIGH. I tried to resolve this with my realtor, the listing realtor and the sellers - but to no avail. They would not commit to fixing it - I now know my realtor didn't pass along any info (I am being sued for 40K) my realtor neglected to pass along the building inspector report, as well as the estimate to repair - which was over $1000. When I did back out, my realtor told me - in writing - that if I backed out at this late date, I would not be liable for any damages and that I would recieve my deposit back. It's now about 9 months later, I have not recieved my deposit (5K) and I've spent over 6K in attorney's fees so far. I am now being sued - and I am going to do a 3rd party lawsuit against my realtor - however, my big concern is collecting attorney's fees when this is done. My attorney told me that in Mass normally they aren't awarded. However, I read rule 93A and it appears that might fit - any advice at all? I do have everything in emails and my attorney does have all that - our case against my Realtor looks strong, but this will take another year probably and those attorney fees are killing me. Thank you -

 

[HomeGuru]

What is the name of your state? MA - I had committed to buying a house in MA, my realtor advised me to have a Radon test in addition to the home inspection, she set the turn around time to back out based on the home inspection clause for 2 days - the Radon results took 4 days and came back HIGH. I tried to resolve this with my realtor, the listing realtor and the sellers - but to no avail. They would not commit to fixing it - I now know my realtor didn't pass along any info (I am being sued for 40K) my realtor neglected to pass along the building inspector report, as well as the estimate to repair - which was over $1000. When I did back out, my realtor told me - in writing - that if I backed out at this late date, I would not be liable for any damages and that I would recieve my deposit back. It's now about 9 months later, I have not recieved my deposit (5K) and I've spent over 6K in attorney's fees so far. I am now being sued - and I am going to do a 3rd party lawsuit against my realtor - however, my big concern is collecting attorney's fees when this is done. My attorney told me that in Mass normally they aren't awarded. However, I read rule 93A and it appears that might fit - any advice at all? I do have everything in emails and my attorney does have all that - our case against my Realtor looks strong, but this will take another year probably and those attorney fees are killing me. Thank you -

**A: tell us what your attorney has done thus far.

 

[drobinson]

My attorney has sent a copy of the demand letter to my Realtor, he has written numerous letters to the attorney retained by the sellers (incidentally this is their second attorney, the first didnt' think they had a case - this attorney is also from the company thta did their bridge loan) He has requested and received copies of all their documentation where they try to justify the 40K. They faxed two different versions of their P and S. One had a contingency they could exercise if they didn't sell their house by Nov 21 - the second time they faxed it over, that was gone. We aren't sure which one is correct and think they might be lying about the second copy. Currently he is working on the discovery phase and asking for copies of the P and S and other documentation again - he is working up the Third Party Lawsuit against my Realtor and had told me that attorney's fees weren't usually recoverable in Mass. I sent him my email regarding 93A and what I think is a reasonable interpretation - which does allow for fees if the business misleads the consumer - I would say that telling me I'd get my deposit back and putting in writing that I wouldn't be liable for any damages - is in fact misleading. Thank you - Darlene

 

[HomeGuru]

My attorney has sent a copy of the demand letter to my Realtor, he has written numerous letters to the attorney retained by the sellers (incidentally this is their second attorney, the first didnt' think they had a case - this attorney is also from the company thta did their bridge loan) He has requested and received copies of all their documentation where they try to justify the 40K. They faxed two different versions of their P and S. One had a contingency they could exercise if they didn't sell their house by Nov 21 - the second time they faxed it over, that was gone. We aren't sure which one is correct and think they might be lying about the second copy. Currently he is working on the discovery phase and asking for copies of the P and S and other documentation again - he is working up the Third Party Lawsuit against my Realtor and had told me that attorney's fees weren't usually recoverable in Mass. I sent him my email regarding 93A and what I think is a reasonable interpretation - which does allow for fees if the business misleads the consumer - I would say that telling me I'd get my deposit back and putting in writing that I wouldn't be liable for any damages - is in fact misleading. Thank you - Darlene

**A: has your attorney filed for litigation yet?

 

[drobinson]

Not yet - he is currently working up two responses - 1) to file a 3rd party lawsuit against my realtor - which is why I am asking about including language in there that includes suing for my attorney's fees and 2) I'm not sure how it works but he is requesting quite a bit of documentation from the sellers suing me as well as all parties involved - and then he will prepare a response - if they have did in fact have a contingency that would have allowed them to back out of buying their other house - we will be filing a countersuit - claiming this is a frivalous lawsuit - however - he also told me that normally in cases like that - each party agrees to walk away - and I think they should have to pay my attorney's fees, if it was in fact a bogus suit.

 

[HomeGuru]

Not yet - he is currently working up two responses - 1) to file a 3rd party lawsuit against my realtor - which is why I am asking about including language in there that includes suing for my attorney's fees and 2) I'm not sure how it works but he is requesting quite a bit of documentation from the sellers suing me as well as all parties involved - and then he will prepare a response - if they have did in fact have a contingency that would have allowed them to back out of buying their other house - we will be filing a countersuit - claiming this is a frivalous lawsuit - however - he also told me that normally in cases like that - each party agrees to walk away - and I think they should have to pay my attorney's fees, if it was in fact a bogus suit.

**A: your attorney is correct.

 

[drobinson]

My attorney is correct about what part? The third party lawsuit? Not paying attorney's fees? I'm not sure which part you are talking about. Are you saying that rule 93A doens't apply and basically anyone can sue any time they want and the defendant must pay attorney's fees to defend himself even if it is a frivolous lawsuit?

 

[HomeGuru]

My attorney is correct about what part? The third party lawsuit? Not paying attorney's fees? I'm not sure which part you are talking about. Are you saying that rule 93A doens't apply and basically anyone can sue any time they want and the defendant must pay attorney's fees to defend himself even if it is a frivolous lawsuit?

**A: about all of it.

 

[drobinson]

I'm sorry - let me get this straight - when all is said and done, I will be out probably over twenty thousand dollars - money I have to get by probably selling my car, maybe my house - and I have NO legal recourse to recoup any legal fees? Even if 1) this is a frivolous lawsuit and 2) My realtor knowingly did NOT do her job?

 

[HomeGuru]

I'm sorry - let me get this straight - when all is said and done, I will be out probably over twenty thousand dollars - money I have to get by probably selling my car, maybe my house - and I have NO legal recourse to recoup any legal fees? Even if 1) this is a frivolous lawsuit and 2) My realtor knowingly did NOT do her job?

**A: in my opinion, you have a good case. You must ask for attorney's fees and court costs in your counterclaim and third party lawsuit. Go after your agent's E&O insurance and have the insurance company pay for all your legal fees.

 

[drobinson]

Thank you! I am able to breath and sleep a little better with that. I am now hopeful....I will just try to stay that way for the next 12 months!

 

[HomeGuru]

Thank you! I am able to breath and sleep a little better with that. I am now hopeful....I will just try to stay that way for the next 12 months!

**A: does your real estate have E&O insurance?

 

[drobinson]

We believe she does, my attorney had mentioned it - she is a fairly good sized broker/realtor in Dartmouth and has been around for a while. I am not sure if there is someplace to check that or not.

 

[HomeGuru]

We believe she does, my attorney had mentioned it - she is a fairly good sized broker/realtor in Dartmouth and has been around for a while. I am not sure if there is someplace to check that or not.

**A: you can call the real estate company and ask. Then your attorney can always obtain the info during discovery.