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2

2tired

Guest
I am a real estate inspector who was hired, paid and had my contract signed by a guy representing his friends out of state. I recommended having an engineer do further investigation on the roof, attic, ceilings (it was a flat roof w/o an attic) and structure and wrote it on my report. The friend had a friend who was an engineer, and he looked at the structure, but not the roof, attic or ceilings. A year later, the buyers have put on a new roof w/o letting me have any roofers or engineers look at it, and are wanting to sue me for $180,00 just to settle w/ them. They aren't suing their friend or his friend, the engineer. Their lawyer is harrassing me and knows I don't have insurance. I was never even contacted by the buyers w/ any questions or concerns when they first felt they had some problems back in Nov., just notified in April by the lawyer. Do they have any basis for a case against me if I put it in writing and verbally in front of 2 witnesses, both agents?
 


ALawyer

Senior Member
Most inspectors I know require the clients to sign contracts that limits potential liability.

I know the only way you'll end this is to have a lawyer of your own write the guy a letter and sounding tough.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 
T

Tracey

Guest
Wow, I think the owners were here in April asking if they could sue you! I told them no. Here's why:

They designated their friend to act as their agent and hire you to inspect the house. You reasonably relied on the friend's apparent authority as agent. Therefore, you had a valid contract with the owners.

However, your written report (I hope you wrote it) said in no uncertain terms that you couldn't guarantee the roof, attic, ceilings, etc. You recommended they hire an engineer to look at those portions of the house. In other words, you disclaimed any liability for the condition of the roof.

Their agent went out and hired an engineer. He just hired an incompetant one, or didn't bother to tell the guy to look at the roof. The person they need to sue is either the engineer for incompetance, or their friend for breach of fiduciary duty for failing to have the engineer look at the roof. They just don't want to 'cause he's their friend.

Are they suing for $180 or $180,000.00? I couldn't tell. If it's #1, just pay them and get it over with. If it's number 2, tell them to pound sand. Also tell them that if they try to sue you, you'll ask the court for sanctions under "CR 11." Ignore their attorney or tell him ot talk to your attorney. Keep in mind you'll have to pay your attorney each time he gets a call.....

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
2

2tired

Guest
Thanks for the reply. Yes, the report was written and the amount they want was $180,000 (more than the house is worth). Where do I find out what a CR11 is? Also they are suing the listing agent ONLY, not their agent, who actually had them sign an as is clause.
 
T

Tracey

Guest
You don't really care who else they sue. :) If they sue YOU, you'll just drag everyone else into the suit, then move for summary judgment dismissing the case against you.

CR 11 stands for civil rule 11. Almost every state has adopted some version of CR 11 in its rules of civil procedure. Ask the local law librarian for a copy of the state civil procedure rules. You can see the federal rules of civil procedure (which were the template for all the state civil rules) here: http://www.ilnd.uscourts.gov/frcpweb/FRCONTEN.HTM


Here's Rule 11:
FEDERAL RULES OF CIVIL PROCEDURE

III. Pleadings and Motions

Rule 11— Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions

(a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.

(b) Representations to Court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, —

(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.

(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.

(1) How Initiated.

(A) By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.

(B) On Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) with respect thereto.

(2) Nature of Sanction; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation.

(A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).

(B) Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.

(3) Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed.

(d) Inapplicability to Discovery. Subdivisions (a) through (c) of this rule do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Rules 26 through 37.

[As amended Apr. 28, 1983, eff. Aug. 1, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993.]


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.


[This message has been edited by Tracey (edited June 07, 2000).]
 
2

2tired

Guest
Thanks for the CR 11 explanation. The buyers also removed the roof and structure before we could bring over our own people for bids w/o proper notice.
 

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