Posted by Laura on April 22, 2004 at 08:21:40:
Your attorney should be able to research any damages the court might award. You should not have to advise him. When hiring an attorney you want to be sure they know their way around the system and are aggressive. If not, you may have problems.
Monetary damages - Posted by Conrad Niles
Posted by Conrad Niles on April 22, 2004 at 08:01:06:
I bought a home in the Seattle area in 2001. The previous seller and realtor were in collusion, as they both did not tell or inform me about the potential litigation with the adjoining property owner. Now the adjoining property owner is suing me over view blockage. The litigation has been ongoing for three years.
My attorney and I have proven that the previous seller neglected to inform me of these facts and we have found documents to prove this. I will have stigma damage when I try to sell my home.
Can someone please give me some ideas to advise my attorney of what stigma damages the court might award me?
Thanks.
Re: Monetary damages - Posted by Zach Acox
Posted by Zach Acox on April 27, 2004 at 24:23:56:
What kind of case is view blockage anyway?
If it is a valid tract of land given and surveyed and zoned by washington state for the building of a dwelling, wouldnt it make sense that an improvement on that land is expected, especially in a housing development or area?
If the neighbors did not want a dwelling built there, they should have purchased that plot also! Im actually surprised this wasnt laughed out of court three years ago. Maybe the attorneys are in collusion to collect fees.
As for an answer to your question…I’m no lawyer, but if by chance this IS laughed out of court, you should be entitled to reasonable attorney’s fees and lost time because of the collusion between the previous seller and realtor. If it is NOT laughed out of court, and a judgment is entered against you, as the current owner, you could most likely sue the former owner and realtor for failing to disclose a pending lawsuit pertaining to the property. Such a pending lawsuit is generally required to be reported on a property disclosure form, at least in PA. Your mileage may vary in WA.
WHAT? - Posted by E.Eka
Posted by E.Eka on April 22, 2004 at 09:00:09:
With all due respect, I’m sorry that you’re going through this, but why do you have an attorney if he/she doesn’t know what to expect??!?!? You need to find an attorney that gives you advice, not the other way around.
Re: Monetary damages - Posted by Jack
Posted by Jack on April 22, 2004 at 08:38:47:
Assuming what you say is accurate, and that the judge would consider the failure to disclose the rants and threats of an disgruntled neighbor as negligence (I tend to doubt it, but of course don’t know the specifics), you would be entititled to legal fees and/or damages (if any) incurred as a result of not being able to sell your house during the litigation.