Seller Problems

[sitedrifter]

The attorney I refer to is the one I hired to do my closing and he is the one I am working with to try and get this situation straightened out.

Site

 

[sitedrifter]

OK

The 60 days to remove the tank came and went. ihad it removed and the costs were out of my pocket. However, the agrrement stated Escrow monies were to be released to me 9/1/04 (give a couple of days for mail) and I am still waiting. The seller attorney is not responding to letters or calls from my attorney.

My attorney keeps asking me if I want to file suit. Question is, why should I since I have agreements etc and I don't want to spend money on my attorney to get money that I am legally entitled to.

Should I file a complaint with the States Attoney General office against the seller's attorney? Should I file a suit against the seller and his attorney and if so, what should I sue for, punitive or other tpyes of damages?

The amount being with held is about $2k.

Site 8)

 

[HomeGuru]

OK

The 60 days to remove the tank came and went. ihad it removed and the costs were out of my pocket. However, the agrrement stated Escrow monies were to be released to me 9/1/04 (give a couple of days for mail) and I am still waiting. The seller attorney is not responding to letters or calls from my attorney.

My attorney keeps asking me if I want to file suit. Question is, why should I since I have agreements etc and I don't want to spend money on my attorney to get money that I am legally entitled to.

Should I file a complaint with the States Attoney General office against the seller's attorney? Should I file a suit against the seller and his attorney and if so, what should I sue for, punitive or other tpyes of damages?

The amount being with held is about $2k.

Site 8)

**A: this is a private real estate civil matter that the AG does not want to get involved in.

 

[sitedrifter]

Need to ask this question again in hopes of a response that will help.

"What is the responsability of my attoney in this case concerning his continuance? I am living in the new house but parts of the signed agreements are not completed or are in dispute. Is my attorney required to continue my case for the initial costs of the closing or can the attorney expect/require more money/retainer?"



Thanks

Site 8)

 

[HomeGuru]

Need to ask this question again in hopes of a response that will help.

"What is the responsability of my attoney in this case concerning his continuance? I am living in the new house but parts of the signed agreements are not completed or are in dispute. Is my attorney required to continue my case for the initial costs of the closing or can the attorney expect/require more money/retainer?"



Thanks

Site 8)

**A: we don't know since we do not know the extent of the closing and the extra work involved nor the agreement for services you made with the attorney. It appears though that extra fees are incurred.

 

[sitedrifter]

The agreements which were signed by the seller and or his attorney state escrow money will be released after 60 days when purchaser shows proof of having the oil tank removed (which I did have removed and proof was sent 3 times). The seller/attorney do not repond to request to release the monies. My attorney has sent numerous demand letters and made numerous calls but now tells me I have a choice

1. have my attorney keep sending letters

2. file suit against the seller.

So because my agreement with my attorney does not state when his responsability ends, I am wondering if he should file suit and have it be covered under my closing costs or am I going to have to pay him more money?

My attorney has not stated he would sue for any specific amount ov er the $3k so I am not sure if it is worth paying him to pursue this. Guess I will have to ask what damages he thinks I should sue for. If his idea is the 3K then I will sue the idiot seller in small claims myself.


Site 8)

 

[sitedrifter]

I just spoke with my attorney and went over my options.

1. he would still pursue letter and call route at no charge

2. I can retain him and pay 1/3 of the award or nothing if there is no reward.

I chose #2 as he went over the items and stated parts of the lawsuit will be based on fraud and the money it cost me because of the sellers fraud can be multplied in the complaint. (I think he said 3 times)

The suit looks to be about $6-7K but wil no more when I sit down with the attorney and review everything it cost me etc. Will keep the board updated.


Site 8)

 

[HomeGuru]

Ok, good luck.

 

[sitedrifter]

My attorney filed suit against the seller. So far they have responded with a letter stating they will counter sue for attorney fees and other damages because my suit is frivolous. I asked my attorney what my response should be, he said there will be no response to his letter. 12/2/04 is the date the seller must respond to the court otherwise it will be in default. (guess that means trial). I am very nervous about being countered sued but my attorney said his frivolous claim is baseless. Since that letter, they have released the escrow money (funny it took a law suit to get what I am leagally entitled to) and have made an offer to my attorney which he brought to me. We responded with a counter to their offer and that is where is stands now.

I am thinking I have a good chance to win this case especially since them making a counter shows my "frivolous" suit is not so frivolous.

What do you think *anyone* ?

Thanks

Site

 

[DannySue]

This is better than my soaps. Please, keep us updated.

 

[sitedrifter]

this whole ordeal with the seller and the problems I have had with the house (albeit almost all of them are fixed) I do not particulary like the house anymore.
I keep thinking about putting it on the market but when I see what is out there, nothing appeals to me and new homes are too costly to start or for me to afford them, I would have to commute 75 miles a day compared to my now 24 miles (12x2)


Stress.. sucks!


Site

 

[HomeGuru]

Good luck and work with your attorney.

 

[sitedrifter]

Went to court the other day and of course after roll call we go into mediation. Funny thing was that their attorney was starting to argue the case (with my attorney) in the waiting area before even roll call. My attorney was cool and handled it very nicely.

Well, we go into mediation and not to bore you too much with all the crap going back and forth, my attorney was excellent and really surprised me. We did settle in mediation for 80 percent of what I was suing for. Not bad and hopefully it is all done now, but I do not trust the seller, will probably sue me back for the money or will never pay up.


Site

 

[HomeGuru]

Went to court the other day and of course after roll call we go into mediation. Funny thing was that their attorney was starting to argue the case (with my attorney) in the waiting area before even roll call. My attorney was cool and handled it very nicely.

Well, we go into mediation and not to bore you too much with all the crap going back and forth, my attorney was excellent and really surprised me. We did settle in mediation for 80 percent of what I was suing for. Not bad and hopefully it is all done now, but I do not trust the seller, will probably sue me back for the money or will never pay up.


Site

**A: thanks for the update. Now make sure that the settlement agreement is recognized by the court with a stipulation.

 

[sitedrifter]

itis actually a Sitpulation of Settlement court document signed by both parties and the court appointed mediator.

Hope that works

Site