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OK that's not the same as a "free online attorney". That's an attorney who has a law practice that he found via google.
So... yes, that's not only nitpicking, it's mischaracterizing.
omg, I really don't want to get into this with you because I actually like you and your posts.
But how is it a mischaracterization? The atty wasn't charging him and was dealing with him solely through emails.
The point I was trying to make when I told the OP to get his butt in to see an atty along with a copy of the contract he signed was because I was concerned that the atty he was emailing wouldn't give him the proper guidance to deal with his issues because he was doing it free of charge.
Nonsense. My RE attorney in SF specialized in the kind of disputes we're discussing. I spent $750 to have him to spell out the restriction of the Cal. Ellis Act so there were no misunderstandings by the buyer. Worth every penny.
The idea is to get a handle on this (pipe leak) and not end up in court. You put down 5-7 EM so spend the $300 to find out what's going on.
When my RE agent starting jerking me around regarding the Ellis Act disclosure docs telling me not to worry. F-that. I had my attorney call him. He's $370 an hour and I paid for 15 minutes. When my agent hung up he knew I knew what was up. I wanted acknowledgment from the buyer which I was entitled to under under Cal. law.
No need for a lawsuit or courts. Just know where you legally stand.
Maybe in this case there might not be much recourse. Perhaps I would have to accept the pipe repair or risk losing my EM.
On the other hand maybe I have a right to put the deal on hold until I conduct my own inspection.
Maybe it's the seller job to re-open the wall for me to inspect. That he's got to cover the cost.
Who am I supposed to trust? My RE agent? If half of what the OP wrote is true about this mess (and I have my doubts...) then forget it.
I'm speaking with an attorney.
Local peculiarity. I have sold 4 homes there and been involved in a couple of others. Never saw nor heard of anyone using a lawyer in a conventional transaction. Commercial perhaps but straight residential no. That was in Orange County CA.
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