Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'm usually not in the "sue first" camp, but in this case, I think a lawsuit is the necessary step.
Definitely talk to an attorney right away.
Include in your lawsuit: the seller, their real estate broker, and the inspection company(ies). I would say the builder, but even if they were still in business after all these years, I'm guessing the Statute of Limitations would be an issue here. In some cases, it is x years after date of discovery of a problem, but if the sellers and prior renter knew about it, it was discovered long ago.
See if you can get signed, notorized statements from the witnesses, in case they aren't available when you need them to testify.
Write everything down, including dates and times. Any conversations you have had, including names. Keep all paperwork and receipts. All hotel stays, food, etc. related to not being able to live in the house.
I am extremely organized and have kept great track of everything. I have a 10-page outline that I add to daily that starts when I first looked at the house. I have dates and times of who I talked to, who inspected, everything and anything that I did with this house is documented. Since the seller is the realtor, the question is do I sue them as individuals, as the real estate co., or both? I would love to bring the builder in on this, but since it was built in the late 50's, I don't think that would be an option. I also have kept track of every expense I have paid or put into this house from my initial downpayment, to my first-yr homeowner's ins., to the first-time homeowner credit I will have to return, as well as time and money spent washing all laundry. Everything smells and has to be washed. These people have put us through hell and I wish they knew what it felt like!!
Thanks everyone for your advice...keep it coming. I appreciate it all more than you know!!
Just a small update on my situation. Over two months later and not a whole lot has happened. I just finallly signed the complaint to sue the sellers/ realtors yesterday. Sheriff will deliver it to them, probably this week. They then have 20 days to respond. Finally, just glad to know that in a month I will know whether we are dragging this out to court or if they want to settle. I'm still paying for this house that cannot be lived in. Not sure how much longer I can afford it, but I don't want my credit to be bad. Also, would have to keep paying for it to keep it in my name. Don't think we could go to court over this if the property was foreclosed. Just thought I would let everyone know what was happening. I will update as I hear more. Thank you everyone for your advice.
Just a small update on my situation. Over two months later and not a whole lot has happened. I just finallly signed the complaint to sue the sellers/ realtors yesterday. Sheriff will deliver it to them, probably this week. They then have 20 days to respond. Finally, just glad to know that in a month I will know whether we are dragging this out to court or if they want to settle. I'm still paying for this house that cannot be lived in. Not sure how much longer I can afford it, but I don't want my credit to be bad. Also, would have to keep paying for it to keep it in my name. Don't think we could go to court over this if the property was foreclosed. Just thought I would let everyone know what was happening. I will update as I hear more. Thank you everyone for your advice.
Good for you moving forward. Do keep us posted. While your situation makes me cringe as an agent, it is also a great educational opportunity for us. Anything we can do to prevent situations like this from happening is good for everyone.
Sounds like you will eventually be made whole in court so don't despair. If the house is unlivable now and you are forced to move, you should also be able to get reimbursement for your current living expenses until the settlement. Is the town condemning the property? have you had code inspectors out?
Sounds like you will eventually be made whole in court so don't despair. If the house is unlivable now and you are forced to move, you should also be able to get reimbursement for your current living expenses until the settlement. Is the town condemning the property? have you had code inspectors out?
Yes, Hollytree, we were told to vacate ASAP (2 months ago) and the code inspector was out and basically condemned it. He posted it with signs saying unfit and unsanitary. Oh, it was so sickening to see my house posted. I have kept very good track of all expenses and am up to about $14,000. That includes everything from my initial deposit to homeowners insurance to mortgage payments to new things (whole new bathroom)...everything. Even the first-time homeowner's credit that I'm going to have to return (you have to live in the house for 36 mos. to keep it all). It is just the worst thing I had to deal with. I'm glad things are progressing.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
