My first post - be gentle please - (long post) Texas DTPA, etc. (disclosing, 6%)
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In CA, there is a 10-year statute of limitations for construction defect. If you have a defective slab and it has caused resultant damage, I'm not sure why the lawyers aren't all over it. I would keep trying other lawyers. Or at the very least, read up on your constructive defect laws in Texas and see if you have any recourse. The more educated you make yourself on the subject, the more the lawyers will take you seriously and the more you'll know when interviewing them if they are experienced with this kind of cause of action and are the right fit for you.
middle-aged mom: If I had a dollar for every call I have made
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Originally Posted by middle-aged mom
This is terrible, just terrible. YES, it is very terrible. It is as if there has been a death in the family.
The listing agent should have a copy of the seller's disclosure on file. Of course they do. NOT being an expert on what Brokers or Agents do when they try to sell a home, I cannot prove that the listing agent helped the Seller's fill this form out. But in my research and just putting 2 and 2 together, I CANNOT believe that the Broker/Agent did not read this form and use it to list the home.
I am not familiar with disclosure laws in your state. Does it compel the owner to disclose home additions? YES, there are MANY laws and anyone involved in a home sale knows this. But like so many things, you cannot MAKE people be Honest. I think for some it is a challenge to see if they can get away with it. The "kicker" in this part of it, is now that WE know, if we want to sell, WE have to disclose.
Are the people who built the additions still in business? YES, they are STILL in business and they still do exactly what they did on this home. Legal council has refused to bring them into litigation. The BBB rates them very high. I wanted to file a complaint with them, but since I had received legal representation, I could not do that.
Are the owners still in town? Yes, they are.
is the listing broker a member of a local board of Realtors? YES, the listing Broker/Agent are still active and licensed. A member in good standing and still collecting commissions from sales. Again legal council we have and had refuse to bring them into mediation or legal proceedings.
Where's the home inspector? Home Inspector's are still here and doing business. Another one on the list that legal council refuses to file against them.
And what's with the law firm? NO OFFENSE TO ANY LEGAL PROFESSIONALS HERE! What is with the legal council? I wish I knew. Lack of many things. Calling them names will not make anything any better.
Have you contacted media that advocates for consumers?
middle-aged mom: I have called so MANY people, so MANY times and I just cannot make anyone understand for some reason. If I had Your number, I might even call you. I have SO much evidence collected, documented and organized, Many attorneys would not even need a paralegal to gather info for them.
I am not a "shrinking violet" and am able to go toe to toe with most anyone in any situation that I feel is "not right" I am also a "laminated AARP card carrier" So, this situation is not my first rodeo, but I am just completely out of the ability to fight this anymore. Hopefully I will survive this and my marriage will survive it also.
Once again, thanks for all that have commented. I REALLY appreciate it more than be described.
First of all, I've been a paralegal in a past life and I did a lot of construction defect cases (which is what sparked my interest in real estate back in the day, along with my dad, but I digress)...we sued EVERYONE who ever even walked on the property when a cause of action came to light. The idea is you name everyone in the lawsuit and let the chips fall where they may. Some will settle just to not deal with the headache.
If it were me, and this were in CA (and I know it's not, but jus' sayin'), I'd find a shark of a lawyer who was willing to name everyone in that transaction in a lawsuit, including buyer's agent and broker, seller's agent and broker, sellers, construction company, any subs that were involved, the inspector who did your initial inspection, and anyone else that was involved that I could find. Let them fight it out as to who is to blame. The one person who GLARINGLY is not to blame, based on the facts as you've delineated them here, is YOU!
Most of them have insurance to cover these errors and omissions. Most of them should settle when they realize how egregious this lack of disclosure is.
Sounds like you have a good'ol boys club thing going on in your town (especially if no one will prosecute). Go outside of town, get a good lawyer and go from there.
MsFancyPants: Thank you for sharing your knowledge
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Originally Posted by MsFancyPants
I would get new counsel immediately. We HAVE run the gamut from the by the hour from reasonable hourly rates to outlandish (but worth it) rates. Gone with pay retainer up front and get billed, being nickel and dimed. Also hired on a "pay when we win big" (their words) All have either just neglected us so badly or even gone against their own Legal credo of ethics, to one just using up all of our money doing nothing and then texting us that he was not representing us anymore.
First of all, I've been a paralegal in a past life and I did a lot of construction defect cases (which is what sparked my interest in real estate back in the day, along with my dad, but I digress)...we sued EVERYONE who ever even walked on the property when a cause of action came to light. The idea is you name everyone in the lawsuit and let the chips fall where they may. Some will settle just to not deal with the headache.
For you to have had experience in the past gives you much knowledge, plus working with your Dad was probably great. It was when I worked with mine. You have described EXACTLY what I have asked for, begged for, prayed for with each council. DTPA is supposedly really great in many ways....but as I have said, it is like I am talking and no sound is coming out and everything is just done half heartedly and just fades into the woodwork. Believe me, I HAVE fought tooth and nail with a couple of them. I think one thought I was going to get on his desk.
If it were me, and this were in CA (and I know it's not, but jus' sayin'), I'd find a shark of a lawyer who was willing to name everyone in that transaction in a lawsuit, including buyer's agent and broker, seller's agent and broker, sellers, construction company, any subs that were involved, the inspector who did your initial inspection, and anyone else that was involved that I could find. Let them fight it out as to who is to blame. The one person who GLARINGLY is not to blame, based on the facts as you've delineated them here, is YOU! Again, you are correct with EVERY word in your statment. I have tried until I have just made myself physically sick. They all say we are the victims and will FIGHT for us. Never happens. It always does on TV. Where is Denny Crane and Alan Shore when I need them. I AM taking this all VERY personally and seriously, but if I don't add a little humour in it sometimes, well....don't know what to say.
Most of them have insurance to cover these errors and omissions. Most of them should settle when they realize how egregious this lack of disclosure is.
YES, they do have insurance and that is always part of the negotiations, but it is just not working out. We are really compliant and honest clients. We are made promises verbally, written, you name it. It just goes to hell in a handbasket every time.
Okay, how about contacting YOUR insurance agent and telling them you want to file a claim b/c this house is falling apart. Have you done that? Faulty slab should be covered by your insurance. Although, insurance claims are WAY out of my area of knowledge, but I would think that your homeowner's insurance company could be liable for that. And you can bet their lawyers will go after someone if they have to come out of pocket to fix this mess.
Sounds like you have a good'ol boys club thing going on in your town (especially if no one will prosecute). Go outside of town, get a good lawyer and go from there.
ladybug07: Yes, that is an excellent observation, one reason why I said in a post early on, that this situation is SO obvious to ME and I cannot understand what the deal is. Those that are schooled and trained SHOULD jump on this like they have won the lottery, but it never happens. We have gone out of town, several times. They all say they are GREAT lawyers and will FIGHT for US EVERY DAY. Like I mentioned earlier, this situation is like having a death in the family.
Gosh, what a GREAT group of people all of you are. I am taking in every word that everyone has spoken and have added it to my courage and information bank. I feel very humbled by everyone's comments and concerns. Thank you.
Sounds like you have a good'ol boys club thing going on in your town (especially if no one will prosecute). Go outside of town, get a good lawyer and go from there.
I think ladybug07 just hit the nail on the head. No one in that town believes that a respected (very active I think was the the word the OP used) member of the community would pull something like this. Most of them probably dismiss it as a problem that occurred after purchase, or that it is a minor problem being blown up by neurotic first-time buyers...
Okay...I'm going to play devil's advocate because the courts don't care that you've been wronged, they only care about proof. Harsh...but true. The burden of proof is on you. The sellers don't have to prove their innocence, you have to prove their guilt. This is not as easy as it sounds.
1) What documented proof do you have that the sellers KNEW that one, the permits were not filed, AND 2) that they knew the slab was a problem? Do you have a quote or receipt from a construction company that was hired to repair the slab? Do you have a copy of the contract between the "bait and switch" contractor indicating who was filing the permits? If I was a devious homeowner, I would claim that I paid the contractors to take care of permits for me, and wasn't aware that it wasn't done. Can you prove that is NOT true?
2) Do Texas disclosures require disclosure of additions/remodeling? Ours do here, but not sure about there. If they checked yes that they did an addition, but made no claim about permits then you might get hammered in court/arbitration about buyer due diligence.
3) If the home looked that good and an inspector missed it, do you have documented proof that the real estate brokerage KNEW there was a defect to disclose. If the owner went to great lengths to disguise it, why would they tell their real estate agent about it? If I was a slimy agent, I would claim that the seller never told me about the defect and in fact would have a good claim for innocence because MANY other people also did not see the defect. It was well hidden. Can you prove that they knew and didn't disclose? Believing it to be true and proving it is an entirely different beast.
4) What are your statute of limitations with regard to faulty construction? Ms. FancyPants said 10 years in CA, we are 7 years in Oregon. In Oregon contractors have to carry insurance...me, I would bypass the sellers, unless I had absolute proof they knew, and file a claim with the contractor's insurance, assuming I was in that window.
The attorneys might not be jumping on because what you might believe to be obvious is not considered obvious from the perspective of a court. It doesn't matter what you know or believe, it only matters what you can PROVE.
I say all of this from personal experience. I have sued a builder and a seller of a home I bought (before I was a real estate agent). It is NOT as easy as you think it should be.
So...talk to your most skeptical, methodical friend. Present your case to them and ask them to "rip it apart" for you. You will quickly find your loopholes. Then talk with your attorney and see what ideas they have for dealing with those loopholes.
Your situation is devastating, and I feel horrible for you. If you want to go down the legal path, you have to look at your case from a totally different perspective if you want to have a shot at winning.
P.S. Could you not bold your posts. Harder to read...
To Every person who has been kind to a first time poster, a "newbie" and has offered advice, help, wisdom, kindness, everything.
I want to disclose that this is all true and a part of my life. I am taking every word to heart and gleaning any and all information that I could possibly use to keep me going with this. I believe we are all "given challenges" in our lives and we always wonder "what the heck"? Believe me, heck is one of the nicer words that has come out of my mouth since this began. I wish I knew why this was happening. But I don't. I have gone from rage to totally falling to my knees in tears with this.
Everyone has asked me pertinent questions and given me solid advice. I don't want anyone to think that my answers to your questions are in ANY way indicating that "I already know that or did that" and I am not going to pay close attention to what "Precious knowledge" is being kindly and freely given to me. I am answering with honesty and hoping to assure everyone that this is not "Candid Camera" or "Jerry Springer"
I am taking everyone's time, patience, knowledge and advice and holding it tight. Just seems like Thank you does not cover it anymore, I just don't know what else to say. Peace be with all of You.
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