i still though it is my buyer's responsibility to let me know any violation on this property. even, the water department noticed him 10 days before the closing.
the violation notice was sent out when the water department read
i assumed that seller didn't know before. any way, i though the seller and her attorney don't have the obligation to me. And since my attorney received the same e-mail as they got. it will be no case to sue them instead of my attorney.
even the letter was there during the closing. my argument is: i am not the expert but he is, it is the reason i spent $700 for his advising the whole transaction because his negligence cost me the $4000 damage.
This is why I only volunteer my service to my friends. Because once you collect nominal fees they think they are some big shot can order you around and blame you for everything.
you are wrong if you are an attorney and it is what you though
$700 is what we are agree on for the guranted smooth transaction. If you told me $700 is not a guranted smooth transaction i would tell you go fxxk yourself.
背景:
在CLOSING 之后的当天早上,我在一大叠CLOSING的材料中发现水费结算单里有WATER DEPARTMENT的大写的
NOTE: There is a SUMP PUMP VIOLATION letter attached which must be addressed within 30 days of this facsimile.
我赶忙联络WATER DEPARTMENT, 他们告知我,在CLOSING 10 天之前就已将VIOLATION NOTICE 及这份水费结清单通过E-MAIL送到买卖双方的律师。
我连忙同我律师联系,他强调:
1. 他没收到VIOLATION的消息
2. 他同卖方律师联络,卖方律师ASSUMING我方已知这状况,所以在CLOSING中没特别强调。
解决这VIOLATION 花了我$4000. 请问:
1. 由于金额有限,我打算自己提告到SMALL CLAIM COURT (告我的律师疏忽), 这CASE是SURE WIN 吗?有没有什么要点要注意?
2. 我在CLOSING时也拿到WATER DEPARTMENT 的结算单,也没留意到"NOTE", 这是否能被我的律师来作为借口推卸他的疏忽责任?
3. 整个CASE 我付了律师费$700, 我的CLAIM AMOUNT 是否将它也算上( 即$4700, 因他没履行好他的买方律师的职责)?
谢谢各种建议。
1. 只要不在title record里的,请查阅title report, 里面有责任分担条例
2. 你应该不可以起诉他。没有开庭前就会被驳回。
3. water department是你打个电话就能发现问题的地方,所以是你due diligence的一部分。你自己有很大的责任。
he is responsible to clear the title including advising any violation
You need to find out what is the punishment for not fixing the violation, I don't think it's a lien though.
i still though it is my buyer's responsibility to let me know any violation on this property. even, the water department noticed him 10 days before the closing.
If not, sue the seller and seller agent for not disclose it.
You can ask for 4000, realistically, getting 1/2 is a win.
mediation是个付个的。要起诉起码还得投资500以上。
i assumed that seller didn't know before. any way, i though the seller and her attorney don't have the obligation to me. And since my attorney received the same e-mail as they got. it will be no case to sue them instead of my attorney.
even the letter was there during the closing. my argument is: i am not the expert but he is, it is the reason i spent $700 for his advising the whole transaction because his negligence cost me the $4000 damage.
not sure where the LZ is, they seems to require attorney as title agent. If that's the case, it is rare for attorney to have arbitration clause.
This is why I only volunteer my service to my friends. Because once you collect nominal fees they think they are some big shot can order you around and blame you for everything.
you only spent $700, what the fxxk do you expect?
$700 is what we are agree on for the guranted smooth transaction. If you told me $700 is not a guranted smooth transaction i would tell you go fxxk yourself.
赖房租,还有那儿的版主,正经主意出不了,专好人身攻击。他如今又在投坛撒野,坏水柠檬。
而不是事后。
是买方律师没做好这件事
YOU MADE THE POINT.
YOU MADE THE POINT.
closing后, 我方律师就不睬我了。。。
气人的是, 这律师是朋友给介绍的, 收费980, 大于一般价格。
我后来卖房两单就付律师费600/each