Stigma Damages - Posted by Conrad Niles

Real Estate Investing Real Estate Law
1

Posted by I.R. on April 22, 2004 at 21:00:38:

“stigma damages” means what? Don’t know any such legal term.

2

Stigma Damages - Posted by Conrad Niles

Posted by Conrad Niles on April 22, 2004 at 08:20:22:

I bought a home in the Seattle area in 2001. The previous seller and listing realtor were both in collusion. They both did not inform me that the adjoining property owner was threatening to sue over view corridor blockage. I was sued two years ago by the adjoining property owner. Hence, I now have a counter claim against the previous seller and the listing agent.

Que: What are some ideas that are realistic and most likely to be granted from the court for my stigma damages? Also, I believe that thru the evidence I have over a fraudulent home sale transaction, that there could also be a settlement.

Now when I want to sell home, I will have to inform new buyer of the litigation and view blockage. The adjoining property owner is well known in the community and notorious for taking legal action.

3

Re: Stigma Damages - Posted by gareth

Posted by gareth on April 23, 2004 at 24:48:02:

Mr. Niles,
This is not legal advice. Having said that, I am confused over a few points within your post. You might consider re-posting without the legal terms.

  1. There is no such thing as a legal right to a view. Your neighbor could sue a zoning board, but not you. Please explain what you mean by, “I was sued”. Were you served? Is or was there a court date? What are you being sued for?
  2. You cannot counter sue a person or entity who is not suing you. Are the Seller and Broker suing you as well?
  3. Fraudulant sale? Sounds as though the sale is valid. I think you are looking for, “Failure to disclose”.
  4. What makes you think “collusion” is at play?
  5. What are “stigma damages” and how are they determined?
  6. “View Corrider Blockage”- Don’t know the term. Please explain.

Sounds like there might be a problem for the broker & Seller with regard to disclosure. Please respond w/answers to the above listed questions. I’m not an esq., but with a little more info., I can tell you where to gather the info needed to document the litgation issue.