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Being Sued for Home Sale

camsgt
9 years ago
last modified: 9 years ago

We had our home built in 2003.It was our dream home.Half log home kit we bought and found a local contractor who did all the work,He has built many homes in the area and his work was excellent.The home had 8 inch half logs outside and inside,with a 2x6 frame and poured basement with 9 foot walls.Basement was all finished,framed and carpeted.2 car attached garage and a separate 36x48 pole barn on 5 acres about a quarter mile back in the woods.

Fast forward 10 years...we are in our 50's and 60's and begin to realize we aren't going to be able to maintain the upkeep a home like this requires.My wife was already having problems getting up and down the stairs.This home is almost 5,000 sq foot of livable space with the finished basement..Sadly we realize we are going to have to sell.We find a very nice lake house in upper Michigan,buy it,then put the log home up for sale.

Home sells 8 months later.I quit my job,wife is already getting retirement income.We move to Michigan after the sale.3 months later,our realtor calls and tells us their realtor contacted him about a leaky roof.I tell him we have never had a problem with the roof,it's only about 11 years old now.The home inspector found only minor issues which we settled on day of sale with personal checks.The home sold in the winter,so inspector did state he coudn't get a full look at the roof and wanted to come back and reinspect.He stated he found no evidence inside of a leaking roof,wet walls,stains etc.The buyers were living at a motel with 2 kids and a couple dogs and really pushed the sale to get in quick with immediate occupancy.They went from bank to home and moved in.So i don't know that the inspector ever came back for the roof.Like i said,it had never leaked,so to me it wasn't an issue.We purchased a home owners warranty for them just to cover any concerns,they were so hard to deal with.

Now a year later,my realtor calls me again.Apparently he got a letter,think it was from buyers,now that i think about it,i didn't ask if it was from a lawyer.The letter states they are suing my realtor,me and the home inspector that the bank used.He said i should expect a letter as well.He said it was over 30 pages long.This seems ridiculous beyond means to me!

Realtor said in 35 years of being an agent,he has never seen anything like this.Is this even possible?We fixed and paid for everything the inspector found,which wasn't much.I am wondering if the buyers didn't realize the time and cost to maintain a home like this and now are regretting their purchase.

I will say we did not like the buyers from the onset.They were rude,demanding and really impatient.We had 3 offers at the end and went with these guys only because we were told they had guaranteed financing,which ended up not being true but they were able to get financing through a different plan.One of the offers was within 1000 dollars of theirs,really regret not going with them but their financing wasn't guaranteed.We were unhappy because we knew the buyers didn't love the home.We loved it so much and it was a heart breaking experience to sell it.We had always hoped and talked about wanting someone with a big family that would be able to grow into the house and love it as much as we did.

I am sorry to ramble but this is so upsetting.After a month we moved to our beautiful but much smaller lake home,we found out my wife had an incurable and very aggressive type of cancer and was only given a weeks to months prognosis.She passed in September,so we only got to spend the summer in our new home.It's still really hard for me and now this....I think she knew something was wrong but i'll never know.

Comments (73)

  • Cathy Rose
    9 years ago

    I, too, offer my sincere condolences. I can't even imagine how hard this must be for you.

    Listen to lastcatx and kudzu9 and everyone who has tried to ease your anxiety.

    You DO need to get the letter from wherever your mail is being saved or collected for you and if it's too upsetting for you to read it, I would have a trusted family member or friend do so. I would also retain an attorney simply to review the letter and advise you whether or not you should respond and how.

    In some jurisdictions, a letter like this has to be sent as a notice of impending suit before a suit is actually filed. I think the reasoning is that it forces the parties to communicate and hopefully they can come to a settlement before things reach the courts, which are already overburdened with this kind of nonsense.

    Failing to respond may or may not cause you problems down the road, but a lawyer should be able to quickly answer your questions about this and allay your fears. Also, if there are any local regulations that apply, he will know it. The buyers may have a cause of action against their inspector but whereas the problem apparently didn't come to light (or they chose not address it) until after the home warranty expired, I can't see any way that they can come after you. Buying the warranty in this case on the basis of their limited inspection report shows exceeding good faith. They should have kept it up!

    The well-intended posters who have advised you to ignore the letter are certainly trying to protect you from what is probably a nuisance letter. But just on the outside chance that it isn't, the quickest and easiest way to know for certain is to have your family attorney review it.


  • c9pilot
    9 years ago

    So I had a letter come in the mail from an insurance agency asking me to pay for some damages due to my negligence for something that had happened a year before (they had already paid out to the insured). I almost threw it away thinking it was junk mail, but opened it up for some reason. In a panic, I called a lawyer and she told me to ignore it (I was not negligent; I don't know how they assumed that) because they were probably just fishing around, and not to worry about it until they sent a registered letter or something with a hard date ("pay by xx"). She said that since it was under $30,000, they probably won't take it any further. The second letter three months later was the same. That was almost a year ago. Still waiting, but not too worried because when they find out that I wasn't negligent, they have no case.

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  • kudzu9
    9 years ago
    last modified: 9 years ago

    c9pilot-
    You are entitled to do what you think is right for you. If it were me, I'd have an attorney write them a letter stating the case for my non-negligence and draw a line in the sand. Ignoring it does not make it disappear, and can have unintended consequences. I once worked with someone who had a frivolous claim made against him for personal damages. The whole thing ended up evaporating, but it took 5 years and during that time my colleague was unable to obtain consumer credit or a mortgage on a home he wanted to buy because lenders turned down his applications when they saw that there was some sort of legal action in the works. They didn't care whether it was frivolous or not...they just wanted no involvement in lending to someone in that situation, and it ended up damaging his credit rating.


    Edit added March 5:

    I am editing this to clarify that I presumed the letter was also addressed to the OP and that he just didn't have a copy. As this thread has gone on, I've come to understand that there may not be a letter specifically addressed to the OP...but that doesn't mean he shouldn't find out what is in the realtor's letter that names him as a potential target of a law suit, and to whom it is addressed. At this stage, I would only have my lawyer send off a letter to the complaining party if I knew that there existed a letter to me.

  • nickel_kg
    9 years ago

    camsgt -- I'm so sorry about the loss of your wife so soon after moving to your lake home. It sounds like that's where she wanted to be, so I'm glad the two of you were able to achieve that.

    As far as the letter goes, it's appalling what some people to do to fish for money. The developer of our subdivision called me several times about a bill for over five thousand dollars that we clearly did NOT owe him or anyone. We had paid a lawyer look over the deal before we closed, so I called him for advice. The lawyer said 'oh boy, give me his number' -- and after just one "cease and desist" call, we never heard from the developer again. I asked the lawyer if we needed to pay him for this additional help, and he said no, this was part of the what we'd already paid him for. Plus, I think he enjoyed telling off the developer for trying to cheat so shamefully.

    So, if you don't already have one, I'd call a few real estate lawyer offices and inquire about how much it would cost for them to review the letter for you.


  • greg_2015
    9 years ago

    If it isn't registered mail, how can anyone prove that you got it?
    I'd say that if it's just regular mail, you can ignore it. But I'm no lawyer.


  • lascatx
    9 years ago

    The law presumes that you receive even regular mail addressed to your correct address. You have to rebut that presumption. Registered mail or other verified delivery would then prove it over that rebuttal. And then there is always this thread on GW/Houzz. You would be amazed what someone with a little time, curiosity or determination can turn up from the internet. And 30 pages is enough energy to not put it past his buyer. Honesty is always the better policy. If you get it, read it or have it read. Most likely, do nothing further at that point - but be aware of the contents and be able to respond if it is appropriate.

  • adoiron
    9 years ago
    last modified: 9 years ago

    i agree with others saying there is no way these people have a case. that being said, if you do receive something pertaining to this, a letter, court summons, etc do not ignore it . there was an article on yahoo about a Seattle home owner that was sued by her neighbor for her barking dog. she ignored the summons thinking it was ridiculous and her neighbor won $500k in damages by default! people are crazy so make sure you protect yourself if this is an official lawsuit. good luck to you and hope it is not truly a real legal action!

  • tete_a_tete
    9 years ago

    Another reason for not pretending to have received the letter is because the telling of a lie can be very obvious.

    Let's just say we are now in court, Judge Judy presiding. She asks camsgt, "Did you receive the thirty page letter from this half-wit?" [JJ points to the plaintive] If camsgtr crosses his fingers behind his back and tells a porkie, Judge Judy will hop around on her chair with her hair on fire, and will no longer believe anything else that the defendant says.

    I can't see camsgt doing that anyway. Not in his nature.


  • ncrealestateguy
    9 years ago

    Why didn't your agent fax or mail you a copy of the letter ASAP?

  • camsgt
    Original Author
    9 years ago

    Update....

    I did talk to my agent this morning and asked if i could just stop by to pick up a copy to see what it was all about.He said he didn't think it was something he should give me or something i would want to see.He kind of made it sound that if he did give me a copy,it would appear that we were working together? I really don't understand it but he felt it would be better to wait to see if and when the letter makes it to me.I don't really have a physical address at this time.I have been using post office boxes to get my mail until i decide what my plans are for permanent residency,either here or in Michigan.

    He did say that the letter was from an attorney.There is no dollar amount and no summons to appear and no court dates.He said he has to pay 2500 dollars for his attorney to look at it and advise him.Some kind of brokerage insurance thing in case it escalates.He feels like they are just trying to get someone to say"what will it take for you to go away" Pretty much what a lot of you said,shaking the tree to see how much money they can shake out.

    Apparently not long after they moved in there was ice damming issues when all that snow melted and that's my fault.I guess that's one of the main complaints out of many.I mentioned to my agent this was the reason we bought them the home warranty.

    So i guess i am just going to wait to see if i get the letter.The agent told me i shouldn't lose any sleep over it as well.It's not just the fact that the buyers are putting me through this,it also really bothers me because of what the house meant to me and the memories i had with my wife there as we went through the building process and how much we loved that home and wanted someone to love it as much as we did and it's pretty apparent,these people do not.

  • Cathy Rose
    9 years ago

    It's unreasonable of your realtor to decline to share the letter with you, especially since your letter could easily have been misdirected given your temporary address situation. What happens if your letter was rerouted and lost? His concerns are ridiculous and to suggest that you wait until the postal service catches up with you is insensitive at best, since he's the one who brought this whole mess to your attention in the first place.

    Will he tell you the name of the attorney? At least then you could contact them yourself and get a copy of whatever might have been sent to you. Given that he states that the letter is from an attorney, more than ever, I think it's important to get a cop[y of that letter and find out exactly what is going on because the bottom line is that you were the seller and ultimately, you will be the one named in any legal dealings.

    Any issues with ice damming and any other problems should have been covered under the warranty. From that perspective, I absolutely think you're going to be in the clear on this. But in your shoes, I would not be able to relax and put this out of my mind until my own lawyer looked into it and reassured me. And I understand just how your emotional attachment to the home makes it even more difficult.

    I am very concerned that this letter really IS something that you need to address in writing. The fact that you have yet to receive a copy is irrelevant -- it could be the result of a postal mix-up, but that does not excuse you from any responsibilities related to it, especially since you are aware of it. That is what makes the realtor's position all the more absurd. It may be a required pre-notification of a pending suit that your realtor is simply too uninformed to recognize. Since he doesn't appear ready to spend the money to seek a legal opinion, it's important that you do so to protect yourself. In these kinds of situations, responses can be time-sensitive and you may need to respond or make certain notifications in a timely way to preserve all of your rights.

    I would ask again for the letter and if he declines again, I would ask for the name and address of the attorney who contacted him. If he declines to give you anything, even that bit of information, I would tell him that you are beginning to wonder if there really is a complaint from an attorney... perhaps HE is the one trying to scam you and shake you down and perhaps you should be having a conversation about all of this with the realtor's registration board. That should shake a copy of the letter loose so you can see for yourself what this is all about.

    I would also contact a lawyer and have him pen a letter to the agent advising him that since he has made you aware of this legal situation and has declined to provide you critical information in the form of a copy of the letter so that you can have your own attorney research the situation, he is now on notice that you intend to hold him and his realty office financially liable for any action against you that results from his delay in providing you a copy of the correspondence so that you can respond appropriately in order to protect your rights. If he is an employee and not the owner of the realty office, I would cc the letter to his boss and owner of the agency.

    I think I recall reading earlier in this thread that you trust this realtor and consider him a friend. A true friend does not put his interests above yours in a situation like this, nor cause you this kind of angst, especially knowing that you are grieving both your wife and the home you both cherished. His rationale for not providing a copy is misguided and self-serving, especially since in a case like this, you would absolutely be expected to communicate!

    Please protect yourself. It still may be a very big nothing, but you should have a lawyer tell you that, NOT the realtor who won't even let you see the letter!


  • ncrealestateguy
    9 years ago

    I figured there was something odd going on with the agent. Call his (her) Broker In Charge in the morning, and demand that you get a copy of the letter. There is no good reason that they should not do this. Cathy Rose has other good advice.

  • kudzu9
    9 years ago

    Cathy Rose nailed it. There is something fishy with this withholding of the letter, and the realtor is definitely not protecting your interests. More importantly, this realtor is potentially putting you at unnecessary risk. If the document is not produced promptly, get an attorney to send the realtor a letter putting him on notice. That should produce a result. If he still withholds it, any burden starts to shift heavily to him if there is a claim. Don't be passive. A lawyer will cost you some money -- maybe a couple of hundred dollars -- but it would be a very small amount compared to the damage that could be done if you take no action to get to the bottom of this,


  • bry911
    9 years ago

    If you didn't think your agent was a bad guy to begin with, let's not start because of this. I don't see any reason that you have a right to read a letter to your realtor unless you are specifically named as a recipient, even if it indirectly concerns you. The issues that he is accused of may be completely different from those you are accused of.


    He notified you what is going on, if you are that concerned about the letter send registered mail to the new owners, with an email address that you can be contacted at. Of course, you should set up a new email address, specifically for this. Additionally, you can call an attorney and ask that he act as your agent for service of legal documents. You can then get things mailed to him and he can scan the things and email them to you. The fee for this would be very minimal.


    Or your realtor will probably give you the name of the attorney. I would suggest not giving your phone number to the attorney but rather some mailing address that you check with a reasonable regularity, or an email. You really don't want any verbal communication link available.


    I think you have too many options available to you, to start turning friends into enemies with threats and going over their head. It might come to that eventually, but I don't think you should be the one to take it there.

  • kudzu9
    9 years ago

    bry911-
    I think I understand your point of view, but I can't really see how you can say: "I don't see any reason that you have a right to read a letter to your realtor unless you are specifically named as a recipient, even if it indirectly concerns you." The OP's initial post says he was told by the realtor that the "letter states they are suing my realtor, me and the home inspector that the bank used." Whether the threat of a suit is carried through with or not, I know what my reaction would be to a friend if he said to me: "I just got a letter that you and I are going to be sued but it came to me and I don't think you need to see it." I guarantee you that my reaction wouldn't be: "Oh, ok, I won't worry about it or do anything to prepare for it until I receive my own letter or a summons."

  • bry911
    9 years ago

    This is a professional relationship, you can still be friends but you should realize there is a line, and this falls soundly in professional, which you want it to. His acting professionally will help shield and protect you.


    He didn't say you don't need to see it. He said I don't think I should be the one to give it to you, since we should not appear to be working together. I was once depositioned in a large corporate lawsuit that we lost because everyone knew the story. Nothing inappropriate happened, but the fact that everyone who was depositioned, even people who had no business knowing anything about it, knew something, made it look like the company was pulling a cover up. Three people who have not talked about the case having the same response is a lot more powerful than three people who got together and shared information. You may hate waiting, but he may be trying to help.


    Also, it is still his mail, the things he is accused of may be his representations to the buyer's realtor or forms that he didn't fill out appropriately. The two of you are both on the hotseat, but that doesn't mean it's the same seat.


    Finally, he made you aware of it, so he is trying to forewarn you. Not the actions of someone conspiring against you. If it were me, I wouldn't start going over his head or threatening him in any way. At the moment you seem to have an amicable relationship, if you are being sued it behooves you to keep it that way. I understand how this is probably eating you up, but please realize, either something, or nothing is going to happen and it is going to do so with or without you agonizing over it. Take a few deep breaths and think how minor this one annoying thing is in the scope of your life, then go play in the snow because you can.



  • User
    9 years ago

    Well Sparky, we agree. Until camsgt gets a letter with his name as the recipient there's no lawsuit pending against him. The person who composed the tome can make any threat s/he wants. But until action is taken they can flap their gums all day.

    He has been made aware of a potential problem, but the letter was addressed to the Realtor. Have the broker handle it right now. That's what he paid a commission for.

  • val (MA z6)
    9 years ago

    This is a lousy situation no matter how you cut it, but honestly, I can't see how you can be at fault. The buyer or the bank (?) hires/hired the inspector. You were forthcoming. I would not worry until you receive something yourself. The buyer can complain and sue everyone, but doesnt mean they are going to get anywhere. Sounds like they are fishing for money, and maybe hoping you or someone will just "settle" and hand them a wad of cash. I'm betting that the lawyer is a family member, sot hey are not incurring lawyer fees either! You are "implicated" in the letter to the inspector/realtor, but this is information coming to you through these parties, not something you have to deal with. That's my 2 cents.

  • PRO
    Highlands Mountain Realty
    9 years ago

    Caveat Emptor = Buyer beware. This is the premise that all real estate transactions stand on. It's the buyers job to find the problems BEFORE the closing. Great real estate brokers hire only the BEST and most stringent home inspectors. Everyone should be aware of what is wrong regarding the property, it keeps the transaction honest and fair.Once the transaction is closed - it's done. Unless, you willfully withheld information.Fiduciary Responsibility - that is what your real estate broker owes you. Brokers are always working on your behalf - they are held legally to that standard. If you get nowhere with the real estate broker, file a complaint with the Board of Realtors in your state. The Broker has already incurred an ethics violation by not sharing the letter with you.Good luck






  • bry911
    9 years ago

    Again, I just want to emphasize. Getting your codefendant in a lawsuit angry with you, might be the text book definition of a self inflicted wound. After this whole thing is settled if you feel like your realtor violated his duty to you, then report him. Get him fired, or fined, or even thrown in jail, but wait until after the lawsuit is finished. The issue in question is obviously your representations to him, and his to the buyers. A classic he said, she said case. I can't help but think that getting shoved under the bus, might make any rational person rethink how much heat he wants to take on your behalf.

  • kudzu9
    9 years ago
    In this country, anyone can sue anyone for anything. That doesn't mean a frivolous suit will ultimately succeed, but it can make your life unpleasant as it is grinding along. I'm pretty impressed by the number of commenters here who are saying don't worry, ignore it until you know it's a real law suit. I agree it may never get that far, but that doesn't mean I would be comfortable staying in the dark when there was information potentially available -- the letter -- that could enable me to be make an informed assesment.
  • bry911
    9 years ago

    I agree with you kudzu but the information doesn't have to come from your realtor. Odds are if you sold someone a house, then you know their address. Send a registered letter to them with the mailing address of an agent. Problem solved and no one on your side of the isle is getting mad at you.

  • ncrealestateguy
    9 years ago

    All of our advice does the OP no good unless he, and we, know the contents of the letter.

    camsgt thanked ncrealestateguy
  • kudzu9
    9 years ago
    bry911- I'm not sure I understand. Are you saying to send a registered letter to the person who bought the house who is the originator of this complaint? I think it's possible to get a copy of the letter from the realtor-friend and that this can be done by being diplomatic but firm. This doesn't mean you have to declare war...
  • camsgt
    Original Author
    9 years ago

    Let me clear up a couple things i may have not communicated properly.The real estate agent i'm referencing is the same one that sold my house that is in question.He is not a friend,just my listing agent.He is a very nice person and has been in real estate for over 35 years.He doesn't own the company(broker?)

    Telling me that i should wait for the letter to come to me,i believe was just his advice,i think if i pushed it,he would arrange for me to get a copy,i did not push,i took his advice.I am so back and forth over this.He has already paid the 2500 out of his pocket to his lawyer.His lawyer is reviewing it.

    I really appreciate all the replies.Being able to express my concerns/worries here has helped me deal with this a little better and the support has really been a tremendous help,i can't thank everyone enough.

    When i get my copy,i will have an attorney look at it and post more info

  • greg_2015
    9 years ago

    Getting the letter that is meant for the OP is the best way to go about it.

    The letter that the realtor has may not be the same one that was sent to the OP and therefore not be applicable.
    Demanding the realtor's letter may turn an ally into an enemy.
    At this point, the OP can legitimately claim that they haven't seen or received the letter. So any time sensitive respond dates or whatever are not valid.

    bry911 is saying that if the OP really wants to make sure he sees the letter, then contact the person who sent it and give them more reliable contact info than his PO box (maybe a lawyer or whatever).

  • kudzu9
    9 years ago
    last modified: 9 years ago

    Well, after all this discussion and the OP's clarification, what we seem to know is that there is one letter, probably addressed only to the realtor, but that it supposedly has info in it important to the OP. My opinion all along is that the OP should find out what is in that letter; he should be able to accomplish this without picking a fight with the realtor. Given what we know now, I would not suggest that the OP make contact with the alleged letter writer (essentially asking: where is my letter?) if there is no evidence of a letter having already been sent to the OP. Stirring the pot like this might convince the complainer that he should press forward with his claim. It might even get a letter produced especially for the OP when one might never have been forthcoming.

  • bry911
    9 years ago
    last modified: 9 years ago

    A registered letter saying, "Dear Buyers, I am currently between addresses, if you need to contact me please address written communications to me, care of Mr. Representative at this address. Thank you, Mr. Camsgt," should not stir the pot.

    Again, you are assuming that they are being sued for the same thing. The things the realtor is accused of may be completely different than the things the buyer is. In fact, for all you know the realtor could be guilty of some things.

    In the end, if you get the letter from the realtor and take it to an attorney, I would bet a pretty good chunk of change that the attorney is going to immediately contact the buyer's attorney and give notice of representation and ask that all pertinent documents be sent to him. In the end by taking your letter to him you are just going to be paying him to read a letter that he is probably going to read again.

    Finally, and most importantly, you need to give the buyers a way to contact you so that they don't end up doing constructive notice. I would personally get an attorney to send them a letter but a registered letter with contact information might suffice to vacate any default judgement.

  • tcufrog
    9 years ago

    You need to check your contract to see if it has an arbitration clause. It's not as common as it used to be but some of the boiler plate contracts have a clause that requires arbitration with American Arbitration Association. I used to work for them and managed home-related arbitrations. If that's true then he can't sue you in a regular court. The case will be brought to binding arbitration and you will need to hire a lawyer experienced in handling cases with AAA. If you don't you will be at a real disadvantage.

    Good luck. I agree that he's full of hot air and hasn't hired a lawyer. If he had the letter would have come from the lawyer and would have been on the firm's letterhead.

  • tete_a_tete
    9 years ago
    last modified: 9 years ago

    Just jumping in, even before reading the last couple of posts.

    First, I really think that bry911 is right.

    I think I would be inclined to send the buyer a letter, to the house you sold him (camsgt), because you know that he wants to send you a letter but can't find you.

    IF on the off-chance this gets to court, you did what you needed to do in order to read the letter but without bullying anyone to let them show you theirs. You have not colluded with any other party who this fool wants to sue. I can imagine a judge saying all sorts of things like, "You knew he wanted to reach you and couldn't, you knew where he lived..." blah blah. This way, you've got the letter from the sewer- I mean the suer - and you can read it.

    Also, camgst, we all (I think) know how you feel about your house being sold to someone who doesn't love it. It's a 'bummer', but that's how it went this time.

    Good luck.

    Edited to add: Okay, caught up with reading now. And yes, I agree with bry911 completely.

    camsgt thanked tete_a_tete
  • camsgt
    Original Author
    9 years ago

    Ok after reading all the posts over and giving it a lot of thought.I am going to send them a registered email tomorrow,letting them know my current po box address and just telling them that if they have a need to send me any correspondence,this is where to send it. short and simple.

    I guess it makes sense,after all i have nothing to hide so i shouldn't come off like i am by appearing to avoid or dodge them.I sure as hell don't want to have to go through this crap but let's get it out there deal with it and get it over as quickly as possible...

  • kudzu9
    9 years ago

    camsgt-
    That's a reasonable approach. It's maybe not what I would do, but it's probably the right one for you. So, good luck, and please post back on how this all turns out. I would particularly like to hear when the whiny buyer's complaint goes up in a puff of smoke!


    camsgt thanked kudzu9
  • bry911
    9 years ago

    Cam,

    I would strongly recommend grabbing a brand new email for this. Several email services (I personally use gmail) can get you an additional email for free. You can then forward this to your permanent email and when this issue is completely resolved you can terminate that email and all further contact with the buyers.

    camsgt thanked bry911
  • tete_a_tete
    9 years ago

    Camsgt, I was walking the dog with my husband this morning, talking to him about your case, and saying what I said, and his response is this (I asked him to dictate it)...

    'For your own peace of mind I would advise you not to give them an email address or any form of instant communication. If they do respond to your PO box, and you feel that you need to make further communication, then I would do so only through a solicitor. I am not sure if this applies in the USA. (Do they call legal agents/advisors solicitors in the USA?)'

    Sorry about my about turn. I just want you to feel as comfortable as possible in this situation.

    camsgt thanked tete_a_tete
  • bry911
    9 years ago

    I think you are fine with giving them an email address, or using an email address to give them a mailing address. You never ever want to respond to their emails with anything other than, "email received, thank you." If they hired an attorney he will be using your mailing address as opposed to the email anyway. If it is just the buyers without an attorney, well just wait for them to write something stupid in an email. Most people (myself included) can't wait to say something dumb in an email.

  • sushipup1
    9 years ago

    I'll disagree. Do not contact the buyers until/unless they contact you. Period. It's like responding to an anonymous letter, how do you reply to Anonymous or in your case, to nothing.

    And if you are not getting your mail on a regular basis, then correct that problem ASAP.


  • bry911
    9 years ago

    From law.cornell.edu


    Constructive notice is the legal fiction that someone actually received notice (being informed of a case that could affect their interest - see: Notice) whether or not they truly did receive this. If certain procedures have been followed, the law will consider a person to legally have received notice, even if in fact they did not.


    At this point, someone has informed him of the existence of the letter. He knows! He can't continue to avoid it. Testimony from his realtor that he was told combined with evidence the plaintiff's efforts to serve him would probably be enough to get a default judgement against him, if he continues to evade the letter.

  • Cathy Rose
    9 years ago
    last modified: 9 years ago

    The problem with your response, sushipup1 is that OP has knowledge that he may have been sent a letter and he acknowledges that he has used multiple addresses, he might not have had everything forwarded from all addresses, and mail may not have reached him. The person sending the letter can legally assume receipt of letters mailed by US mail and the standard in many states is that the sender of a legal notice has only to send by US first class mail. Obviously, if I wanted to prove I sent something, I can either send it certified or get a stamped receipt from the post office that I mailed a piece of mail to be delivered to a certain address (proof of mailing). BUT if a proper notice was sent by first class mail and he doesn't respond, he can't later claim he didn't get it, especially since he knows it's out there someplace.

    The problem with OP ignoring the situation and waiting for another letter (or for the original letter to catch up with him, if it ever does...) is that while he is probably completely in the right, if he fails to respond to certain kinds of notices, he may give up all claims in an action.

    Putting the buyers on notice by sending them a letter himself or by having an attorney send a letter and giving them a means to contact him is probably the best route to go. It is extremely unlikely that a real estate agent would be held liable for damage caused by ice damming -- that is why I suggested that OP have his lawyer look at the letter to see what possible wrong-doing the agent might be held responsible for according to the letter. My contention is that since this letter is from an attorney, and it relates to OP's property, it behooves him to find out what it's about and get someone involved on his behalf. It beats worrying about it.

    camsgt thanked Cathy Rose
  • sushipup1
    9 years ago

    I am corrected. Thank you.


  • Debbie Downer
    9 years ago

    If it was me, Id go straight to the atty right now to find out what's best way to proceed not rely on internet for legal advice. Every now and then in my life Ive come across people I do not wish to have any interaction or direct contact with - this sounds like one to steer clear of! .

  • kudzu9
    9 years ago

    It's just not clear to me if a letter to the OP was ever sent. Personally, I'd take it a step at a time in deciding whether to contact the buyer or not contact the buyer. My first step would be to find out the content of the letter the OP knows the realtor got.


  • bry911
    9 years ago

    I hate to be the person who says this, but I am going to. These buyers could well be horrible individuals, but they could also just be people who paid good money for a house, then the house developed a problem (something we all know houses do), and may now be stuck with a repair bill that they can't afford.


    Next thing you know, some "expert" comes in and tells them that this is a problem that has been going on for years. This leads them to believe that you had to know about it. Home warranties are notoriously bad for finding reasons not to pay or what they pay for is terrible and lacking. So the home warranty they thought was going to protect them doesn't.


    I am not saying they are right, but you have to remember people are just as upset when they imagine they are wronged, as they are when they are actually wronged. I don't know that you should do anything any differently. But a little bit of empathy can sometimes go a long way.

  • Cathy Rose
    9 years ago

    Bry911 - you make an excellent point, and a lawyer rarely takes a case like this on contingency... they probably paid a lot to have that 30 page letter drafted.

    But as my son the lawyer always says, laws that sanction attorneys for filing frivolous suits were passed for a reason.... He also pointed out to me that most of the larger firms have someone designated to follow-up on anything that can get a case defaulted to them on a loophole and the failure of someone to respond in a timely fashion to a notice is a favorite.

    Yes, you can ask a judge to vacate a default judgment and reinstate your rights, but you are at the whim of a judge who may be elected (and therefore not the best "legal" mind for this kind of case) or who may not like the color of your necktie that day and rule for them.

    He tells of a case where the defendant failed to respond to a notice for discovery and also failed to show for a hearing and the plaintiff won a default judgment against a gentleman who was determined NOT to be at fault in the accident that was at the center of the suit - the plaintiff was at fault. The defendant was in the hospital recovering from his injuries and his live-in girlfriend didn't open the mail from the attorney on the misguided advice of family and friends (they told her she would be arrested for a felony for tampering with his mail) so he never received or responded to the mailed subpoenas. In that case, the judgment was reversed, but he's seen it all.

    A sad reality is that bringing suit against someone who either has wronged you or who you think has wronged you or who you know has deep pockets has become a national pastime as insurance companies who are anxious to avoid huge payouts will settle a "nuisance" case for a fraction of what they would have to pay an attorney to defend them - that "fraction" is often a huge windfall and has nothing to do with the merits of the case but with the economics of the process. Even when cases do go to trial, the system is not always just and some of the amounts awarded by juries who have difficulty understanding the complexities of causation and who are overly sympathetic to an "injured" party (who in some vases, caused their own injury!) have been absurdly astronomical.

    And I say this from the perspective of someone who did medical record reviews and served as an expert witness in many, many personal injury and medical malpractice cases and saw way too many miscarriages of "justice".


  • kudzu9
    9 years ago
    last modified: 9 years ago

    In a situation like this, a lawyer would be very unlikely to compose a 30-page letter. If I had to guess, I would say that such a letter is something composed by the grumpy buyer without the restraining influence of a lawyer. We can all do a lot of speculation, but, until the OP sees what info the realtor has in his possession, and posts back here, a lot of the strategies proposed are moot. In fact, I hope the OP takes no action based on suppositions or assumptions that may not be true.

  • ncrealestateguy
    9 years ago

    In response to Bry's last post... The OP mentioned that the new owners are complaining of an ice dam that backed water up into the home. If a home is properly insulated and the soffits vented, Ice dams do not occur. Therefore, most of the times, ice dams are a recurring problem until the above mentioned items are corrected. Therefore a homeowner would know of this problem. The OP also mentioned the inspector noted a water stain, but assumed it was from past problems. Could this be a water stain from a past ice dam?

  • bry911
    9 years ago
    last modified: 9 years ago

    I am taking him at his word that the house never leaked. Problems in a house can go undetected for a very long time, and then for no foreseeable reason erupt in a spectacular fashion. In my current home one of the previous owners had added a bath about 10 years ago. The plumbers missed gluing a pvc vent pipe on the final verticle rise. When we replaced a vanity in a nearby bath it jarred the pipe loose and a few hours after the next big rainstorm my attic ceiling dropped in to say, "Wow, this is a nice room down here."

    By that point we were experienced home owners and well aware of a house's ability to kick you right in the jewels just when you thought you had everything perfect. So we laughed and fixed it, but if it happened only a few months after I bought the house I am not sure I would have been so Zen about it.

  • anitamacey
    9 years ago
    last modified: 9 years ago

    Please wait until you get "THE LETTER" . It may not even exist. More will be revealed if you will just be patient.

    If they need to contact you they can certainly find you through your realtor or the internet. A lawyer, if they are using one, WILL find you.

  • lascatx
    9 years ago
    last modified: 9 years ago

    The longer this thread continues, the less helpful it is. It all means well, but we don't know more than we know and it appears things are getting misstated now. The OP needs to get a copy of the letter and determine what, if anything, to do after that.

    In my mind, the agent is his agent (represents him) for the transaction and should provide him with a copy of the letter. Only then do you get to whether there are conflicting interests that would require the agent and seller to have different representation and/or work independently.

    I don't know that I would have sent a letter to the buyer. There is not affirmative duty that I am aware of (if not in your sales contract) to provide addresses. That may have impacted other issues, but if it is done, it is done.

    Default judgments can be a mess, but that's putting the cart before the horse here. The agent did say there was no lawsuit -- only a threat to sue. You can't get a default judgment on a threat.

    If I were the OP, I would again ask the agent for a copy of the letter and ask the agent to advise if anything further happens. If there wasn't anything in the letter that required a reply or advise from an attorney, I would let it go unless and until anything further happened. If I had some concerns, I would consult an attorney in the state where the home at issue is located. I would not seek advise on the internet. It tends to be worth what you pay for it.

    NC-- the OP did not say the inspector found evidence of a water leak. To quote:

    The home inspector found only minor issues which we settled on day of sale with personal checks.The home sold in the winter,so inspector did state he coudn't get a full look at the roof and wanted to come back and reinspect.He stated he found no evidence inside of a leaking roof,wet walls,stains etc.

    Insulation can compact or break down. This winter saw record snowfalls and collapsing roofs in a number of places. It is entirely possible that this winter saw more severe conditions than average and more than the home was designed for. But that doesn't mean the home was designed or maintained improperly or that it had leaked before. In fact, the inspector found no indication of leaks.

    Bry911 -- I have never heard of anyone else having a PVC pipe that wasn't cemented in place before. We found a 7-8 foot segment of 4" drain line under our slab that had never been cemented. That had seeped and filled in over the years, caused a complete blockage and backed up sewage into our master bath. That hasn't been the only plumbing issue, but it was the worst. Home ownership has it's perks. And it's pains.

  • kudzu9
    9 years ago
    lascatx-
    Regarding your assessment, all I can say is...ditto :-)
  • homechef59
    9 years ago

    Simple answer: Original poster needs to talk to an attorney, asap. Contact no one else. Don't post on this thread any further. Don't talk with the realtor anymore, either. End of discussion.

    I've been sued over a fence. If I had spoken with an attorney first, there never would have been a lawsuit. Knowledge is power. It's worth his time, trouble, peace of mind and money to spend an hour with an attorney. Ask around your acquaintances for a referral. The closing attorney or attorney from the title company cannot help you. I know the answer to his dilemma, but it's better coming from an attorney because they can do something about it.