What is the name of your state? Kentucky (a comparative law state so I'm told)
I used the services of an attorney to help me collect from a homeseller for failure to disclose certain defects of the home.
In meeting with the attorney, I noted that I was pretty sure that the homesellers had knowledge of defects. I had heard (rumors, hearsay) that the home inspector and the realtors had some liability; but I didn't know how to prove it. The attorney suggested that discovery would be too expensive. We focused on a negotiated settlement with the homesellers, which happened after we filed suit in the local circuit court system. The suit was dismissed for out of court settlement.
I was presented with a Release that released everyone and his brother. I refused to sign it because I had negotiated ONLY with the homeseller. I clearly stated to the attorney that I would not release any other parties at that time, because I wanted the option of pursuing claims against them if I were to find this to be plausible.
The attorney did not advise me that I wouldn't be able to do this. But, now that I have plausible evidence that the home inspector and the realtors also had knowledge of defects that they did not disclose, I have been advised that I have no recourse against them because I already negotiated a settlement with the homesellers. Plus, the release states the homeseller's agents are released (i.e., the listing agent / broker).
So, now do I go after the attorney? Or what?
I used the services of an attorney to help me collect from a homeseller for failure to disclose certain defects of the home.
In meeting with the attorney, I noted that I was pretty sure that the homesellers had knowledge of defects. I had heard (rumors, hearsay) that the home inspector and the realtors had some liability; but I didn't know how to prove it. The attorney suggested that discovery would be too expensive. We focused on a negotiated settlement with the homesellers, which happened after we filed suit in the local circuit court system. The suit was dismissed for out of court settlement.
I was presented with a Release that released everyone and his brother. I refused to sign it because I had negotiated ONLY with the homeseller. I clearly stated to the attorney that I would not release any other parties at that time, because I wanted the option of pursuing claims against them if I were to find this to be plausible.
The attorney did not advise me that I wouldn't be able to do this. But, now that I have plausible evidence that the home inspector and the realtors also had knowledge of defects that they did not disclose, I have been advised that I have no recourse against them because I already negotiated a settlement with the homesellers. Plus, the release states the homeseller's agents are released (i.e., the listing agent / broker).
So, now do I go after the attorney? Or what?