Unsure how there is even a case?

[ribr]

I recently was served with a lawsuit from the woman who bought my house nearly three years ago. She is claiming termite damage. This was the first I have heard about her issue with the home. She is suing all parties involved (me,her realtor,my realtor, the brokers, her home inspector, and pest control co. that did the termite certification). I have a copy of my disclosure and termite cert. I was very honest and disclosed prior treatment had been made but said unknown as far as damage and current infestation. I owned this older home for about 8 years. I never had to make any repairs to this home because of termites. The inspector she chose found nothing and the same was said on the termite cert.
I was told these cases are very costly even though I have a excellent defense case. What options are there for me? Can I counter sue this woman?
Is there a quick way out of this lawsuit for me? Any help is appreciated.

[HomeGuru]

Originally Posted by ribr

I recently was served with a lawsuit from the woman who bought my house nearly three years ago. She is claiming termite damage. This was the first I have heard about her issue with the home. She is suing all parties involved (me,her realtor,my realtor, the brokers, her home inspector, and pest control co. that did the termite certification). I have a copy of my disclosure and termite cert. I was very honest and disclosed prior treatment had been made but said unknown as far as damage and current infestation. I owned this older home for about 8 years. I never had to make any repairs to this home because of termites. The inspector she chose found nothing and the same was said on the termite cert.
I was told these cases are very costly even though I have a excellent defense case. What options are there for me? Can I counter sue this woman?
Is there a quick way out of this lawsuit for me? Any help is appreciated.

**A: are you going to follow posting instructions?

[ribr]

I am sorry what do you mean? new at this

[drewguy]

What would you countersue for? Anyone can file a lawsuit. Unfortunately, except in rare circumstances the plaintiff doesn't have to pay your fees. Find a good real estate lawyer and try to get the case dismissed as quickly as possible.

Based on what you've said, which isn't a lot, it seems your case is strong. You disclosed what you knew. She would have to prove you knew something else, failed to disclose it, she relied on your representations, which were false, and she was damaged as a result. That's a lot to prove.

The quick way out is either a motion to dismiss or a settlement for a few bucks. That's frustrating, but it may be cheaper than paying a lawyer for a lot of time.

Of course, this woman sounds a bit crazy to file such a suit, so she's probably looking for big money, and $1000 won't make her go away.

[justalayman]

Originally Posted by ribr

I am sorry what do you mean? new at this

when you start a new thread, there is a question in the box you type your question in that asks what state this is in.

You deleted that question.

[Choosymother]

New Jersey.

[ribr]

Is the motion to dismiss put in before or after 300 day discovery period?

[drewguy]

Originally Posted by ribr

Is the motion to dismiss put in before or after 300 day discovery period?

I don't know new jersey practice, but typically a motion to dismiss comes before discovery, with the hope you can save the expense of discovery. Then after discovery you have a motion for summary judgement, which basically says all the plaintiffs' evidence shows nothing. If you lose that then you go to trial.

[ribr]

Thank you for the info Drewguy. I know I just gave the basic information of the situation. I can tell you from reading the papers that I was served with, it does not sound like she is just looking for a $1000. It sounds as if she is suing everyone for the price she paid for house and then some. There are five counts named in the lawsuit, but only three include me. I was told just the other day that she had her lawyer contact the owner of the realty I used. This was last year. I think it was a demand for money, but they sent this demand to their lawyer and never heard anything again until this past week. Again I never knew anything about any of this until this past week as well. She blatantly lied in the suit and said she demanded money from me and I denied her. This conversation never even occurred. She did not even have a current address for me. She stated an address I lived at over 10 years ago. I have not even seen this woman since a week after closing. I am just fustrated that someone can even bring a lawsuit like this when I have obvious evidence that supports my claims. Again thank you for any help.

[drewguy]

Originally Posted by ribr

I am just fustrated that someone can even bring a lawsuit like this when I have obvious evidence that supports my claims. Again thank you for any help.

It is a weakness in the US legal system that she can do this without real consequences. She probably can't pay the mortgage and is looking for a solution. Even if she had a valid claim, there's no way it could be for the full value of the house. At most you would have to pay to repair the damage. Surely that can't cost more than it would to rebuild the house, and you shouldn't even be there.

Is she representing herself or does she have a lawyer?

[ribr]

Yes, she does have a lawyer. I guess if she gets anything he does. I am guessing the same thing about the mortgage. She is looking for some way out and is grasping at straws. I am willing to fight this, but I am hoping to have it dismissed since she obviously bought the house knowing its past w/ termites.

[Cedrus]

Ask your lawyer about countersuit against her for a frivolous lawsuit, malicious intent and unjust enrichment.

[ribr]

My lawyer said I can seek my attorney's fees from her since this seems like a frivoulous lawsuit to him. I will make note to ask him about the other reasons you are stating for countersuit. Thank you for the advice.

[drewguy]

Originally Posted by ribr

My lawyer said I can seek my attorney's fees from her since this seems like a frivoulous lawsuit to him. I will make note to ask him about the other reasons you are stating for countersuit. Thank you for the advice.

Yes, you can and should ask for them. Unfortunately they are not frequently awarded. But if you get it dismissed early on your chances are better.