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.
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.
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).
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
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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