· 1 attorney answer. A litigation attorney with a construction practice background might help you. Click the Lawyer Search link at the top of your screen, enter the city and type of dispute, and you may find someone on Avvo. Good luck.
Yes, homeowners are allowed to sue their homeowners association if they fail to perform their duties and obligations under the community governing documents, or if they violate local or federal laws. For example, if the HOA fails to maintain the common areas, then a homeowner may be able to sue them under a breach of contract theory.
· To keep your property claim under control and on-track, you may want to work with an insurance claim attorney from the get-go. The Insurance Information Institute (III) found the average claim deals with property damage priced between $11,000 and $12,000. This is a hefty sum on the line.
If there is a serious issue that was not disclosed, you may have a legal remedy against the seller, the seller's broker, or possibly, the home inspector.
Yes, you can sue the seller for not disclosing defects if your attorney can prove that the seller knew about the defect and intentionally failed to disclose it.
However, house flippers often do not care and only want to make a quick profit. Having the work done by a licensed contractor, and pulling permits, cost time and money. When a house flipper sells a house that has not had permits pulled, the home buyer has legal rights that can help them get problems fixed.
You may be able to claim damages from a Texas seller who failed to disclose a home defect -- or even rescind the sale altogether. Yes, you can sue a home seller for undisclosed defects in a single-family residence in Texas.
If the buyer discovers a defect after completion, the buyer may be able to claim damages in respect of a breach of contract or misrepresentation or they may be able to rescind the contract altogether.
In the well publicized case of Easton v. Strassburger,' a California Court of Appeal held that a listing agent2 has a duty to conduct a rea- sonably competent inspection of residential property listed for sale, and to disclose to prospective purchasers all material facts that such an investigation would reveal.
Normally a buyer would have six years in which to bring a claim against you, although in certain situations it could be three years from when the buyer becomes aware of a problem.
There are four principle ways in which agents cheat customers: failing to tell sellers of higher bids when lower bids provide the agents with more commission through mortgage and insurance needs; switching second bidders to other properties when buyers are in short supply; selling unnecessary insurance or the wrong ...
Property fraud takes place when fraudsters try to 'steal' a property, most commonly by stealing the homeowner's identity and selling or mortgaging the property without the owners' knowledge. The fraudsters then disappear with any capital gain leaving the genuine owner to deal with the unfortunate consequences.
A seller has the obligation to disclose certain defects to a buyer before they complete the sale. If a seller fails to disclose those defects, they may be held liable for the cost of repair. In some cases, a court may even rescind the sale of the property.
In most cases, if you buy something and are unhappy with your purchase, you can go back to the seller and ask for a refund. However, it does not usually work that way with property. When you buy a property, you must take responsibility for uncovering any problems with the property before the purchase goes ahead.
Almost every real estate contract in Texas will state the property is being sold “As Is.” This clause is rarely negotiated and reflects the common law doctrine of caveat emptor or “buyer beware.” The agreement to buy property “As Is” is an agreement to accept the risk that a property may have undisclosed or ...
Maintenance: Another plus of purchasing a home subject to an HOA agreement is that the HOA has a duty to maintain the common areas of the community, as well as ensure that all homeowners are following the agreed upon rules.
For example, a common HOA condition would be to maintain the landscaping of your home by mowing your lawn, weeding, and keeping trees and bushes trimmed, etc.. If the homeowner is noncompliant with the HOA rules, then an HOA may fine them or take them to court.
In order for a HOA to change the HOA rules that the homeowners agreed to, they must follow the procedures that are outlined in the CC&Rs.
Although it may seem like HOAs have an unbalanced amount of power and authority over homeowners, HOAs must adhere to all local and federal laws, as well as their own agreement. Local and federal laws were enacted to restrict HOAs in the amount of power and authority they have over homeowners. Examples of restrictions and rules placed on HOAs include, but are not limited to the following:
Although it may seem like HOAs have an unbalanced amount of power and authority over homeowners, HOAs must adhere to all local and federal laws, as well as their own agreement. Local and federal laws were enacted to restrict HOAs in the amount of power and authority they have over homeowners.
As mentioned above, a homeowner must pay monthly or annual HOA dues, and failure to pay these dues can lead to a foreclosure of their home. Additionally, as a homeowner you must abide by all of the CC&Rs, which means that the HOA essentially gets to determine the appearance and use of your home.
Amenities : One major pro of an HOA is that they provide for amenities for the community, such as a community clubhouse, community pool, gym, waterpark, hiking trails, or other community amenities . One major reason that many people are attracted to planned neighborhoods is for the community activities and amenities.
Expediting processes: Insurance companies may knowingly delay the processing of your claim to get you impatient and more likely to take a lowball-settlement amount, or drop the claim altogether. Attorney Thomas Simeone of Simeone & Miller, LLP in Washington DC recently warned of this strategy in an interview with QuoteWizard® — you can view the article featuring Mr. Simeone by clicking here — and explained how a lawyer can use countermeasures to get the insurer acting. Most notably, threatening litigation often puts the wheels back in motion.
Appealing denials: Your homeowners’ insurance claim might get denied wrongfully if your insurer thinks they can get away with it. An attorney can step in and challenge the denial with a well-crafted appeal, or potentially a lawsuit if insurance bad faith was used against you.
Home insurance companies do not expect you to know much about insurance claim processes. Catch them by surprise in your insurance claim by being prepared for the road ahead, should a dispute arise.
If you have been cited, fined, want to sue your homeowners' association or your homeowners' association has filed a lawsuit against you, then you should contact a HOA attorney. While it is unpleasant to be in a dispute with your association, it is quite common. The attorney is knowledgeable about HOA dispute matters and state laws.
Your attorney can also keep you informed of changes in the laws and give you advice on how to handle matters as they come up. HOA's have responsibilities to maintain the common areas of your community and make repairs, but they don't have the rights to infringe on your freedom and personal life.
Hire an Attorney. If you are involved in a dispute with your HOA, you should hire an HOA attorney to assist you. HOA matters can become heated and emotional, so it is best to have an experienced attorney handle the negotiations and resolve the dispute for you.
Although some homeowners associations have been known to file a lawsuit without giving notice to the homeowner accused of violations.
Where to Sue Over Home Defects. Your main options for actually filing a lawsuit include: small claims court, if the damages are under a certain limit, or. state court . Filing in small claims court allows you to proceed with your case without a lot of the expensive administrative hassles of a "regular" lawsuit.
In legalese, you could potentially sue someone based on any of the following principles, or some combination of them: failure to disclose (according to your state's statute) negligence. fraud. breach of contract. breach of warranty, or. negligent misrepresentation.
Some attorneys will take this type of case on a contingency basis, meaning you don't pay a fee upfront but pay a large percentage (30-40%) of the damage award. You might still be responsible for paying court costs and other fees, plus expenses such as the attorney's phone calls and postage.
However, every state places a dollar limit on the amount of damages you can sue for—usually somewhere between $1,500 and $15,000. To find your state's exact limit, see 50-State Chart of Small Claims Court Limits. Even if your damages are over the limit—for example, if the repairs cost $8,000 and the limit is $5,000—bringing a suit for $5,000 and forgetting about the rest might make economic sense because you will save time and attorney's fees.
The responsible party might have been the seller, the seller's agent, or the inspector, as explained above.
The seller couldn't have hidden problems that didn't exist during the period of ownership. Again, problems that started post-purchase or that are a natural result of the home's aging or your lapses in maintenance are yours to deal with. Of course, determining when a problem started can get complicated.
Some states' laws make sellers' real estate agents liable for failing to disclose problems they observed or were told of by the sellers, though often their duties are fairly limited. Check your state's disclosure laws and try to figure out whether the problem would have been apparent to the broker, but not to you, before the sale.
What can a home buyer do in such a circumstance? If there were material defects concealed within your house at the time of purchase, did the seller or the seller's agent have a legal obligation to disclose them to you? In some cases, depending on the facts and whatever evidence you can round up, you might be able to recover some portion of the repair costs from the seller.
The responsible party may have been the seller, the seller's agent, or the inspector, as explained above. Here, the laws of the specific state will be important in determining what, precisely, the seller was required to reveal.
If you believe that you have discovered a material defect that the seller never disclosed to you prior to the sale of the home, there are three potentially responsible parties, each of whom may have some portion of the liability: The seller.
In sum, you cannot file a lawsuit any time you find a little crack or scratch. Defects must be material, known to the seller, and unknown to you at the time of sale if you are to have a reasonable chance of recovery.
Others, such as aging plumbing, the seller might have disclosed to you in the course of the sale, most likely through written disclosure forms (as are required in most U.S. states). In either case, if you knew or should have known about a defect, and chose to buy the home anyway, a court will not allow you to sue the seller.
Ordinarily, only home defects that are material and that the buyer didn't know about, but which the seller did at the time of sale, will allow a buyer to recover from the seller. That means, of course, that most defects you might find within a home will not make the seller legally liable to you.
Nearly all 50 states have laws requiring sellers to advise buyers of certain known, material defects in the property, typically by filling out a standard disclosure form before the sale is completed . Depending on the jurisdiction, this responsibility can override an "as is" clause contained within a purchase contract. The standard disclosure form asks the seller to state whether the property has certain features (like appliances, a roof, a foundation, systems for electricity, water, and heating, and more) and then rate or describe their condition. Some states' disclosure laws are more comprehensive than others, meaning that not all sellers will be required to discuss the condition of a feature not deemed by the legislature to be "material." Moreover, the seller is not usually required to actively inspect for problems. But if there are obvious problems about which the seller should have known, but failed to disclose, a court might believe that the seller purposely failed in his or her duties. The same is true if the seller purposely tried to hide a defect—for example, if the seller painted over a large crack in the foundation so that you would not see it. This would be strong evidence supporting a lawsuit.
You will need to have an attorney review your insurance policy and the CC&Rs with your HOA but presumably you will need to take action against your HOA if the damage is outside. It is also a good idea to determine if there are other units with similar or related problems. More
I agree you may want to consult a construction defect attorney or real estate attorney. However, don't get too caught up on the labels attorneys place on themselves. Some attorneys who call themselves real estate attorney may have a practice that focuses on construction defects. Other real estate attorneys will not have any such focus at all.
If the condo was built within the last 10 years, I would suggest consulting with a construction defect attorney. It is possible that other unit owners are experiencing the same issues.
In response to your question concerning your HOA’s responsibility for the property damage to your condo, you need a real estate or general litigation attorney with experience in property damage and insurance claims. There are many in the San Diego area. If you need references, please call or email my office...
If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.
If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.
If you have no auto insurance, you should hire an insurance defense attorney. Report Abuse. Report Abuse.
If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.
The first thing to do is notify your auto insurance agent. Your insurance company should provide a defense for you by hiring a lawyer who specializes in insurance defense matters.
If you did not have insurance then you need to hire an attorney that handles civil matters to determine what is the best approach to take. Report Abuse.
If you had auto insurance, then turn the paperwork, letter or lawsuit, over to your auto insurance company. If you do not know the address, then go to the office of the agent from whom you bought the insurance. If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.
Examples of this include missing deadlines or failing to perform all of the work required.
Some other causes for lawsuits against contractors include: The contractor completes the job but unsatisfactorily; The contractor completes the job but the work violates safety standards; The contractor took advantage of the homeowner, such as by accepting a deposit or payment but then failing to complete the agreed upon work; or. ...
Breach of contract claims generally allow a homeowner to recover damages such as a refund of payments made to the contractor. Alternatively, they may be able to refund the difference in costs for hiring a new contractor to complete the project.
The most common are: Breach of Contract Claim: Breach of contract refers to one party failing to follow through with their side of a contract.
As can be seen, suing a contractor typically requires that you first prove there was a breach of contract, or at a minimum an agreement for services to be performed. Regardless of whether you have a written contract or not, suing a contractor is often a complicated and lengthy process. This is especially true since state laws vary.
The reason that you can still sue a contractor without a written contract is because you may argue that an implied or oral contract was formed. For example, if you hire a contractor to paint your whole house, but they only paint 80% of your house, you may be able to have a court enforce your oral contract by having the contractor partially refund ...
For example, if you hire a contractor to paint your whole house, but they only paint 80% of your house, you may be able to have a court enforce your oral contract by having the contractor partially refund you or pay the costs of having the work completed.
When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.
When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.
The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.
If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.
Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case.
To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.
To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)