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Replies: 15
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Orange Blooded [4974]
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Residential Real Estate Lawsuit Help.
Sep 15, 2017, 9:59 PM
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I have a question that hopefully someone can help me.
My wife and I just purchased a home two months ago. Hurricane Irma came through and exposed some significant defects that was not disclosed to us by the seller. Things such as leaky roof that leaks water into garage and dining room, leaky windows etc. We hired a lawyer and are pursuing things legally.
Problem I have is we still need to fix the defects because of mold etc. Can I file and homeowner's insurance claim and still pursue things legally against the seller? I'm just afraid that if we wait the insurance won't cover due to timiliness. The legal process could take months.
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Orange Blooded [4832]
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I'm not an attorney but I've had some experience
Sep 15, 2017, 10:07 PM
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under somewhat similar circumstances.
I think if you file the claim, the insurance company will pay the damages then go after the previous owner to get their money back if you can demonstrate that said previous owner defrauded you.
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Orange Blooded [4974]
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Re: I'm not an attorney but I've had some experience
Sep 15, 2017, 10:09 PM
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Does that apply to home or just auto?
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Orange Blooded [4832]
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Don't know the answer to that
Sep 15, 2017, 10:17 PM
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Sorry
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Orange Blooded [4974]
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Re: Don't know the answer to that
Sep 15, 2017, 10:36 PM
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Thank you though.
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Legend [16722]
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Re: Residential Real Estate Lawsuit Help.
Sep 15, 2017, 10:13 PM
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I think the sellers are liable for damages ONLY if they knew about the problems prior to selling you the house.
If that is not the case your homeowners insurance will pay for damages.
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Asst Coach [730]
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Re: Residential Real Estate Lawsuit Help.
Sep 15, 2017, 10:21 PM
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Take photos and save any receipts for repair. And Have a reliable home inspector come and check for any other damage.
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Orange Blooded [4974]
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Re: Residential Real Estate Lawsuit Help.
Sep 15, 2017, 10:27 PM
[ in reply to Re: Residential Real Estate Lawsuit Help. ] |
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Oh he most definitely knew. Made previous attempts to fix it and the water damage is extensive. Was hidden by furniture during home inspextion.
My problem is the repairs are very costly and I can't afford right now, but we obviously have to have them fixed to prevent molding etc...can I file a claim while I am pursuing legal action?
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Hall of Famer [20945]
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Re: Residential Real Estate Lawsuit Help.
Sep 15, 2017, 10:38 PM
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Have at least one if not two independent inspections first, and I think you also need to make sure the person you are suing also has a chance to have an independent inspection done.
Similar situation with my car, and I believe the term if you fix it before they get a chance to inspect is spoliation and has the potential to run any chance of legal action.
I don't know if that applies to homes or your situation, but you should be able to ask your attorney and he would know. Use that term above.
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All-TigerNet [12942]
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Orange Blooded [4974]
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Re: check with
Sep 15, 2017, 10:36 PM
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Thanks man.
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Heisman Winner [105574]
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My area is in business law, but if you have a local
Sep 15, 2017, 10:50 PM
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insurance agent that you trust, talk to him/her first. Then depending on what they say you should consult an attorney, with a suit like this you should be able to get a free consultation. That sucks, I hope it works out.
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All-TigerNet [12942]
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tell him about your other speciality...
Sep 15, 2017, 10:58 PM
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LGBT law
RenegadeTiger® Is his prized client
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Heisman Winner [111421]
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stop it you two
Sep 15, 2017, 11:01 PM
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dont make me get the hose
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Hall of Famer [20945]
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Re: stop it you two
Sep 15, 2017, 11:03 PM
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like the 9th time this week. what's gotten into them lately?
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All-In [26326]
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