retaining wall

[Slocum]

HomeGuru: you couldn't be more correct - we found that out way too late tho......

last week we asked her for an affidavit stating that she told us the wall was our responsibility, now she's claiming she never said that however we do have an email from 2004 sent to her stating, "just to give you an update: we spoke with Kevin this a.m. and went over in great detail the final inspection report - since then, we have been in contact with landscape architects (Kevin told us that you determined the retaining wall WAS on our property), plumbers, pool repair and will contact handymen ASAP in order to determine the cost for the repairs listed in the inspection report, so far, none of these people need to get into the house to give an estimate, we are sending the inspection report to them for their review (via email), as soon as we have a "good" number to work with, we'll let you know and we can submit to the seller thanks"

Kevin was our inspector.

Do you think this email will be good "proof" in court to show that we were told the wall was our responsibility - that's all we have......

 

[HomeGuru]

HomeGuru: you couldn't be more correct - we found that out way too late tho......

last week we asked her for an affidavit stating that she told us the wall was our responsibility, now she's claiming she never said that however we do have an email from 2004 sent to her stating, "just to give you an update: we spoke with Kevin this a.m. and went over in great detail the final inspection report - since then, we have been in contact with landscape architects (Kevin told us that you determined the retaining wall WAS on our property), plumbers, pool repair and will contact handymen ASAP in order to determine the cost for the repairs listed in the inspection report, so far, none of these people need to get into the house to give an estimate, we are sending the inspection report to them for their review (via email), as soon as we have a "good" number to work with, we'll let you know and we can submit to the seller thanks"

Kevin was our inspector.

Do you think this email will be good "proof" in court to show that we were told the wall was our responsibility - that's all we have......

**A: the proper evidence is the survey that shows the wall is not your property and therefore not your responsibility.

 

[drewguy]

Do you think this email will be good "proof" in court to show that we were told the wall was our responsibility - that's all we have......

Whom are you suing, the realtor or the neighbor?

Of what relevance is it in a lawsuit against your neighbor why you thought the wall was your responsibility? Of course you thought it was your responsibility, which is why you fixed it. That's not at issue versus the neighbor.

As to the realtor, you're using hearsay if not double hearsay. You'd have to get the realtor on the stand to admit what she said. Or perhaps you could get Kevin to testify that she told him this.

But what is the basis for your suit against the realtor other than bad information? You didn't lose property value because of her statement--this isn't a case of her stating that you were buying a piece of land you didn't own--you're not challenging that. You made a mistake of fact regarding your obligations on the retaining wall, but that's not her obligation. If I dropped by your house and said "hey, that fence is on your property" you couldn't then fix it and sue me because it happened to be on your neighbor's property. I don't owe you some duty with respect to that.