SurvivingInfidelity.com Forums
Off Topic
User Topic: Lawyer Help
Undefinabl3
Member
Member # 36883
Default  Posted: 10:39 AM, June 19th (Wednesday)

So we are trying to go after the real estate company we bought our house through, plus maybe even the sellers and the title company for not disclosing the fact that our house has a Home Owners Association.

The first lawyer we talked to said that it would be 175 an hour, and that he would try and get us 30,000 (not to get into great detail, but we had to pay almost 1000 this year for HOA dues)

Anyway - we were like OMG because at first he told us that he would sue them, and then also sue them for his legal fees, so we wouldnt be out much money if any at all. He then comes back and we are told its 175 an hour, but to contact him in a month and he would have more options for us.

A few months later, turns out he's gone into his own practice. Now his fees are $200 an hour, 125 an hour with 20% contingency, or straight contingency at 33% collection.

So basically that means if we get 30,000 dollars, he would automatically take almost 10 grand of the money....wtf?

This sounds WORSE then the 175 an hour (which at collection we could fully repay the bill i would think)

Am I wrong? It just seems like he is asking for more money, not helping us out.

What would you do?


Me: 31 MH
Him: 37 MH
~Some days are better then others~

Posts: 1613 | Registered: Sep 2012
Amazonia
Member
Member # 32810
Default  Posted: 10:41 AM, June 19th (Wednesday)

Have you talked to other attorneys? Or is he the only option you have?


"You yourself deserve your love and affection as much as anybody in the universe." -Buddha
"Let's face it, life is a crap shoot." -Sad in AZ

Posts: 13193 | Registered: Jul 2011
Undefinabl3
Member
Member # 36883
Default  Posted: 10:46 AM, June 19th (Wednesday)

I haven't talked to any other lawyers yet, but I plan to now just to get a better idea of if i am really getting a good lawyer or just one that needs to pad his newely opened office.

This lawyer came highly recommended by a woman i trust at work who is having serious issues with her contractor.

I do have a few lawyer friends that dont work in real estate that seem to think that this is normal but odd that he would go from low to high rather then the other way around with a client.


Me: 31 MH
Him: 37 MH
~Some days are better then others~

Posts: 1613 | Registered: Sep 2012
ajsmom
Member
Member # 17460
Default  Posted: 10:49 AM, June 19th (Wednesday)

I do have a few lawyer friends that dont work in real estate that seem to think that this is normal but odd that he would go from low to high rather then the other way around with a client.

Doesn't sound odd at all.

He started his own practice and now is responsible for the whole monthly "nut."

I'd shop around.

AJ's MOM


Fidelity isn't a feeling...it's a choice.

"Truth has no special time of its own. Its hour is now - always." - Albert Schweitzer
____________________________________________
Me: BW - Him: 200+ # tumor removed 7/09
DS - 31 - Yikes!


Posts: 21011 | Registered: Dec 2007 | From: Been Through Hell...On My Way Back
Rebreather
Member
Member # 30817
Default  Posted: 11:32 AM, June 19th (Wednesday)

I think it's a better deal. His cut is based on what he produces for you. If you lose, you don't pay. If you go hourly, he can charge you 100 hours and still not win. I don't find it all that odd, but shopping around is always a good plan. You can almost always negotiate the contingency rate as well. Be sure to ask if that includes costs or if they are in addition.


Me BS
Him WH
2 ddays in '07
Recovering.
"The cure for the pain, is the pain." -Rumi

Posts: 5861 | Registered: Jan 2011
LisaP
Member
Member # 15088
Default  Posted: 12:05 PM, June 19th (Wednesday)

My first thought is to investigate and see if the bylaws/CC&R's are recorded at your county offices. In every house we bought in the past, they were...it is required. This is the title company's issue first and foremost. Their job is to check for anything and everything that has to do with that house! Double check your title report also (I'm sure your way ahead of this and did already). If it's not, then obviously go for non-disclosure on both the real estate agent and homeowner.

My X and I went through something similar. We bought a house that had a septic line from our neighbors system running across our property. Everyone knew but us. When there was an issue it came to light. The real estate agent and homeowner played stupid. There was nothing recorded, how can we prove they knew? It cost us a fortune to sue, and while there were much bigger issues with the house, this one point was disregarded due to lack of evidence of knowledge. Title company didn't find it because septic plats didn't have to be recorded back then.

On another note, during this process the attorney's paralegal did most of the leg work and we were charged the reduced fee, her fee. Only when it came time for him to step in did the larger fee apply.

Does he have a paralegal yet? Something you may want to ask. I believe we paid $75 hour for her fee and $250 for his.

Keep shopping and Good luck!


Me BS

Divorced!

~Feel your emotions, but control your behavior~ Unknown


Posts: 2160 | Registered: Jun 2007 | From: Oregon
Undefinabl3
Member
Member # 36883
Default  Posted: 3:06 PM, June 19th (Wednesday)

I shopped around today via the phone - sad thing is that he's in the sweet spot for fees /le sigh.

Their job is to check for anything and everything that has to do with that house! Double check your title report also

Did it and then I also put highlight post its at every area where it SHOULD have said there was an HOA and covanents - it actually says N/A....

The first lawyer though seems to think that we could only go after the Real Estate agency - I would really like to go after everyone we can.

We will never sell this house for what we want now. There are houses twice as big with 1/3 of the HOA dues right across the street from us. Nobody in their right minds would by this house now.

We would have NEVER even looked at this house in the first place. We actually took this one over another because the location was better - but the other one for sure didnt have an HOA it was set far back on its on little street and had a nice back yard....just no fence for the Danes and we couldnt afford to put the fence up yet...

uggg....ticks me off.

Our HOA this year was 955 and some change - for a stupid LIFT STATION...there is no snow removal, no common space, we are on a Cul De Sac 28 houses on one road....pisses me off.


Me: 31 MH
Him: 37 MH
~Some days are better then others~

Posts: 1613 | Registered: Sep 2012
Topic Posts: 7