statute of limitations

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wrote:

You can supoena me and I will have to testify or face contempt of court charges. However, I can promise that you are NOT going to like what I have to say.
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yeah, hopefully it would only cost you one day's pay to testify for this total stranger who is now your new neighbor.
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Not to mention the cost of litigation, which, if he loses, the plantiff is going to pay the full cost of. Hallerb makes it sound like all you need is a neighbor who knows something about a water problem and bingo, it's a slam dunk case, you win. In reality, a neighbor's testimony, while very useful, is only one part of proving the case and recovering damages.
How about after spending $xxxxx on legal fees, the seller produces receipts and witnesses that say the basement water problem was fixed 6 months prior to sale, that what the neighbor is saying is based on history prior to that and that the seller was having an affair with the testifying neighbor's wife? Or maybe you win and find out that the seller moves to another state and is judgement proof.
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Have you had water in the basement? If no, then it must be waterproof. What is "getting worse" ?
If yes, you may have a difficult time proving anything. Do you have copies of the advertisement? The seller may have been mis-led by a sleazy contractor. What damages have you had? What do you expect to get? I can see you pissing away a lot of money and your lawyer buying a new car while you can't afford a scooter after paying him. Basing a lawsuite on what one "expert" told you is not very good as the other side will have plenty of experts also. And they all get paid to testify or give depositions.
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Get yourself to an attorney and very very soon.
Steve
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That it took over 2 years is a big strike against you, but if (as someone apparently found) it is 3 years under statute of limitations, your claim could still be valid. Steve B has the right answer on whether you have a claim or not -- you'll need to talk w/ an attorney and provide him w/ the facts of the representation. I'm presuming as in most states Maryland has a disclosure form that must be filled out that is supposed to itemize known issues. What that document says in its assertion is probably the only real representation made by the seller/agent that is sustainable as a claim. If it doesn't make excessive claims, then you probably don't sufficient evidence of misrepresentation and/or fraud to get a judgement. The finished wall would be hard on the existence only to prove as cover-up -- it may well be the previous owner was simply too optimistic (as many are).
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Do you know whether there is an outside perimeter drain?

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i see you wasting lots of money on lawyers & winning nothing. what would you like to accomplish? him refunding your money & taking the house back? that would probably be a sweet deal for him, unless your market has tanked. your mortgage payments would probably be considered "rent" for the time you have been there. JMO
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When fraud is involved, the statute doesn't start to run until the fraud is discovered.
You are in luck. Your title insurance will pay you 4 million dollars and you can still sue the owner and agent for 10 million and win every time. You can bank on it.
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You got "waterproof" in writing?
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