Lawyer makes mistake??

[tkmarshel]

What is the name of your state?What is the name of your state?Texas
I hired a lawyer to assist us with the paperwork for the purchase of a new home. He assisted us for approximately 4 months. At the time, we felt pretty secure in his abilities. Later we learned that we had bought a home in a toxic zone and that birth defects (14) have found to be prevelant.
We also learned that there was a disclosure agreement that had to tell us about this zone and the class action associated with it.
Did my lawyer fail to do his job? and 9 years later is there a remedy at this point since two kids ended up with severe problems from this toxic exposure?

 

[HomeGuru]

What is the name of your state?What is the name of your state?Texas
I hired a lawyer to assist us with the paperwork for the purchase of a new home. He assisted us for approximately 4 months. At the time, we felt pretty secure in his abilities. Later we learned that we had bought a home in a toxic zone and that birth defects (14) have found to be prevelant.
We also learned that there was a disclosure agreement that had to tell us about this zone and the class action associated with it.
Did my lawyer fail to do his job? and 9 years later is there a remedy at this point since two kids ended up with severe problems from this toxic exposure?

**A: what was the exact scope of this lawyer's services? Was he/she acting as your real estate agent or offering merely contract review and closing assistance? Did you have a Realtor? What did your contract and the Seller disclosure statement state? Did you review these documents and others prior to closing? What other actions did you take to perform thorough due diligence? I have 10 more questions but that's enough for now.

 

[seniorjudge]

Are you saying you lived there AFTER you found out about toxic problems?

Give us a timeline:

date of purchase
date of discovery of toxicity
birth of children

 

[tkmarshel]

Due Diligence

Texas;
When I hired the Attorney, I asked him about assisting us with the purchase of real estate and anything any paper work that needed to be addressed. Did I have a written contract...No...I paid him....He was present at closing, he did, at the time of closing, investigate some right of way issues..ect..and he reviewed all the documents prior to closing. Did we have an agent..Yes. and we never received any form of disclosure agreement..of which we learned later mentioned the area as a toxic zone...as soon as we learned about the zone...I sent my family...all of them to Ohio to live with my wifes parents and I remained to establish a remediation process and start to prepare to move all our belongings out as soon as possible...

 

[tkmarshel]

Timeline

TEXAS;
Approx. Closed on January 10, 94. First child effected October 95, Second child effected September 96...found out about toxic zone after second child had same symptoms, probably near his 3rd month of birth. The exact hour we found out about the zone...We all (total 5 people) stayed in a hotel for the night in order to prepare for wife/kids to go to Ohio....I stayed to sort things out....what a nightmare...chronic grief....pandoras.....is there any reason for all this ???

 

[HomeGuru]

Texas;
Did we have an agent..Yes. and we never received any form of disclosure agreement..of which we learned later mentioned the area as a toxic zone...

**A: why did you not receive and review the disclosure statement PRIOR to closing? You are not telling us the complete story.

 

[tkmarshel]

Non Disclosure

Why dont you tell me the rest of the story....Answer my question for once...Is there any recourse on the lawyer?? come on....the facts please only...stop this hopping around...if you dont know...then bail out..

Texas;
Did we have an agent..Yes. and we never received any form of disclosure agreement..of which we learned later mentioned the area as a toxic zone...

**A: why did you not receive and review the disclosure statement PRIOR to closing? You are not telling us the complete story.

 

[seniorjudge]

Why dont you tell me the rest of the story....Answer my question for once...Is there any recourse on the lawyer?? come on....the facts please only...stop this hopping around...if you dont know...then bail out..

If you do not want to answer our questions, you are under no obligation to do so.

If you do not want to answer our questions, you must realize that we cannot answer yours.

 

[HomeGuru]

Exactly, so who is bailing now?

 

[tkmarshel]

Who's bailing Now??

Texas;
As you can see...I have ask and re-asked..the same question over and over again...if you got something to contribute then please feel free to interject. Please serious replys only....

 

[HomeGuru]

Texas;
As you can see...I have ask and re-asked..the same question over and over again...if you got something to contribute then please feel free to interject. Please serious replys only....

**A: forget it. I'm not wasting my time.