Posted by John Merchant on January 31, 2010 at 18:45:33:
As soon as your suit is filed you can issue written interrogatories and other discovery to make defendants state under oath whatever they know.
Flipped house and legal persuit needed - Posted by Diamante
Posted by Diamante on January 30, 2010 at 12:04:19:
I am writing from within the state of Colorado and need help
.
While do not feel like flipping a house is not illegal. I
found myself as one of those unfortunate people that fell to
a bad flipping of a house. The people who owned the house
previous to me bought it as a foreclosure (which had I had
the money to fix one myself would have done). The house was
beautifully remodeled…new paint, installed a bathroom and
either framed or finished framing the whole basement. Re-
tiled the kitchen and bathrooms.
During the purchase I had an inspection done and got a few
visual items fixed such as the dishwasher having cold water
running to it, some electrical done incorrectly, added
insulation, etc. On the disclosure paperwork the seller(s)
had nothing to disclose since they had never lived in the
house. I already knew this. Furthermore, when I tried to
get the seller to pay closing cost they refused due to the
amount of money they spent have people remodel the home. I
was okay with this and went through with the purchase.
Immediately after taking possession of the property I found
standing water in the basement. We had been getting a lot
of rain so I overlooked it believing the older windows were
leaking. Then, I found that it was a much bigger issue. I
had showered one day in the upstairs bathroom and saw that
water was running down the walls downstairs and creating the
standing water. I had a plumber come out the snake the main
believing then it was back up due the the water standing
around the floor drain in the basement. He snake the line
and things seems to be working…but yet again with a larger
amount of a water use from showering the problem persist.
The plumber did not want to snake from the roof if able to
avoid due to the fear of destroying the plumbing
completely…he had found a rubber boot down stairs and
other areas of old pipe and the assumption was that the item
blocking the system had to be pretty solid.
I had another plumber snake the lines and he saw what looked
like concrete in the line at which point we had to redo all
the plumbing. We found when we tore out walls that the
house did not have a main shut off valve and the drop for
the washer was not to code. The water heater did not
conform to state law. The were many things that had been
overlooked or done incorrectly. We found grout in the
plumbing matching that of the grout used to tile the
bathroom have the plumbing issue.
In summary, I bought a house that seemed to be completely
remodeled to find the contractors negligently disposed of
their materials costing use to redo much or what I paid for
in the house. The fixing of the plumbing was double what
the closing cost would have been and I had to take out an
insurance claim (that would not cover the plumbing) due to
black mold that formed from the incident. I am now trying
to take the negligent contractors to court and need advice
on how I can get information on who did the work. The
sellers no longer seem to be at the address listed, their
real estate agent will not return my calls, and I am stuck
with a large project that is still unfinished due to having
to tear out all the tile work and some of the drywall they
had done due to their negligent work. Any help would be
nice.
Litigation discovery - Posted by John Merchant
Posted by John Merchant on January 31, 2010 at 18:47:17:
As soon as your suit is filed you can issue written interrogatories and other discovery to make defendants state under oath whatever they know.
You say you had an inspection done and it would appear that the inspector was a little negligent himself in not finding the faults you’re now finding, so I’d make him/her a party defendant.