Attorney analysis????

[lymanl3]

Okay….I am going to vent, rant and rave, but I try to use the rule of parsimony. My wife and I purchased our first home in November of 2004. We planned on living there briefly and plan on moving out within a year when I start pharmacy school next fall. Now..here is where I got reamed…

The home is on a slab, and having worked 8yrs of construction to put me through undergrad and grad school, I know a bit about plumbing and homes on a slab. So I inquired about the plumbing..and of course the piece of trash seller said “NO current or historical plumbing or sewer problems” clearly on the sellers disclosure form.

Now, as we are moving in our neighbor has an industrial size roto rooter in the clean out ripping out ROOTS. WE share the clean out at a “Y” where our lateral lines meet. She then goes on to tell me how the previous piece of trash had nothing but problems with roots, and MULTIPLE plumbers had serviced the home. Well ironically, she said two weeks prior to us moving in he was outside cleaning the lines., hence why our inspector found nothing.

So, 2 months goes by, and my tub, and sink backs up, guess what the culprit is..ROOTS! So I do some research and find all the receipts and plumbers who serviced the home. I did some more research and found receipts that said “roots”, and plumbers recommended an installed clean out. One receipt stated the guy had his commode completely off the base it was so clogged up. I even called the guy, and he finally admitted he had a problem ONE time.

Another 6 months goes by, and my line backs up again and causes over $1000 to my newly installed hardwood floor.

I told the loser the amount to have the problem fixed, which included digging up the street because the main was on the other side of my property…and he offered to pay $700 out of over $5000 it cost me to fix the problem, insurance claim, routine plumbing services, etc..
Now, I am not vengeful, but I got the shaft and he KNEW it. So I took him to small claims, and guess what…I lost yesterday…and I have to pay for his attorney fees???????



I am confused…and IRATE! I dont get it.....sI have documentation proving he lied on the disclosure form, my neighbor testified he frequently cleaned out roots on his own after he put in the clean out, and the idiot denied on the stand using a roto rooter to clean out roots is a "plumbing/sewer problem"(the judge chuckled too).


PS…ever seen the movie “Falling Down” with Michael Douglas?? LOL..j/k

Lyman

[Multidigits]

I wouldn't call roots in a sewer line a pumbling problem, but it is a sewer problem, so...he did lie. But I'd say the Judge must have felt that you were responsible for the maintance on your sewer line, not the previous owner.

You can use a sewer line product to kill roots before they cause a problem. Use it often and you likely won't have additional problems.

[lymanl3]

Oh, I found his "sewer products" after we moved in. He LIED, both items, sewer and plumbing were on the disclosure form. I was not responsible prior to moving in, which is where "current or historical" problems come into play. Its a contract issue..the disclosure form, that I relied upon to make an informed decision was not accurate, and IMO hes a fradulent F*$^!

Lyman

[Multidigits]

Oh, I found his "sewer products" after we moved in. He LIED, both items, sewer and plumbing were on the disclosure form. I was not responsible prior to moving in, which is where "current or historical" problems come into play. Its a contract issue..the disclosure form, that I relied upon to make an informed decision was not accurate, and IMO hes a fradulent F*$^!

Lyman

Were you not covered by any insurance on the purchase or by your agent or loan requirement (FHA, etc.)??? Or by your own inspector????

[lymanl3]

Honestly ....could be ignorance....I dont know. We have insurance on the home, but insurance against our purchase...dunno..yes it was FHA.

Maybe I am freaking out...but the Clerks couldnt give me an info on the finding and all it said on the website was "JUDGMENT GRANTED. 900.00 AGAINST PLS FOR ATTY FEES "

1. I am the only one who filed suit, they didnt, so is it a typo..why am I paying fees? It clearly says in the disclosure form in case of suit each party will be responsible.


Lyman

[Multidigits]

Honestly ....could be ignorance....I dont know. We have insurance on the home, but insurance against our purchase...dunno..yes it was FHA.

Lyman

you may be covered by them? Check with one of the Realtors on the site--Rob or Ril7572

[quackrstackr]

I'm sure the inspector did a quick visual and did the timed flush and drain thing and called it good. I don't know of any around here that scope any of the plumbing.

I would say having your plumbing comprimised by roots that need to be constantly removed an existing "problem". By very definition, if you had to have a plumber out on multiple occasions to fix the same thing... does that not constitute a problem?

There are so many ways to get ripped off when buying a house it's not even funny. When we purchased our current home in 2002 it was a nightmare and had me wishing physical harm on a few people.

[lymanl3]

Thanks multi..will do.

FYI...Buy Owner.com was the worst experience I have ever had...

Quackrstackr...harm....man, I am furious!

Lyman

[quackrstackr]

Ours was a complete mess. The way the contract was stated, I wound up having to purchase an existing large storage building after the fact because it wasn't built on a slab and the guy could physically move it. Now it would take a crane and a lowboy, but it could be done and he was going to take it "unless I wanted to buy it". This was done after closing and once I checked on it.. perfectly legal. I had to cough up the $ for an outbuilding on my property that I already thought I owned. :mad:

We were one of 3 offers on my house the day it was listed. The housing availability in Murray for homes in the price range we wanted is virtually non-existant, so when a nice one comes up for sale in that range, it's pretty well gauranteed to sell quickly at pretty much face value. We had been looking for nearly a year and were within 2 months of having to move into a temporary apartment when this one hit the market, plus my dad was rushed to the hospital for cancer relapse the day we viewed the house and put in the bid, so I was doing all of this over the phone. We wound up paying the asking price since the other two parties immediately jumped it up to that, but since we were the first bid we had first chance to buy the house at that price. Long story short, my real estate agent drew up the contract and I signed it without going over it with a fine tooth comb because of my situation with my dad. She lowballed on the amount of any needed repairs the previous owners were responsible for making, which was bad enough... but the people never lifted a finger to have a single thing fixed before closing. They just smiled as they wrote me a check at closing for things I was going to now have to have done myself. :mad: They money barely covered any materials, but I wound up having to do all of the work myself in my spare time.

I can't really fault the people that sold the house. They had been manipulated as what to do all the way by a real estate agent that is a real piece of dung. Matter of fact, my father in law publicly cussed her in the middle of the street after the closing. :D

[mossyhorns]

Your father-in-law???? I find that sooooo hard to believe, Quackr.:rolleyes:

Small claims probably wasn't the route to go. I have seen cases like this in court, but it's still a crapshoot. By the time you pay lawyer and expert witness fees, it gets expensive. The seller disclosure statement was supposed to do away with such problems. I've seen sellers who lied on the disclosure get off scott free and sellers who disclosed all problems correctly get hung for repairs years down the road. Go figure.

Here's some advice from the trenches for those buying a house:
1. Involve a good attorney who will be on your side, not one who represents the real estate agent or the lender;
2. Hire your own home inspector or someone in the home construction business who knows what to look for, not the one the real estate agent wants to use;
3. Get an appraisal from someone you know and trust;
4. Get everything in writing, spell out all contingencies, and document, document, document -- take scads of photos;

It's not my intent to be critical of anyone in the process, but you have to remember that everyone envolved in a real estate transaction has a separate motive from you, the buyer. The agent's motive is the commission on the sale, and they will recommend the inspectors, attorneys, bankers, appraisers, etc., that will help them to that end. The bankers want to make the loan, and they will use people who will help that cause. The seller wants his money, and will grease the skids on the sale from that perspective. As a buyer, you stand alone in the transaction so hire your own experts.

[buckfever]

Honestly ....could be ignorance....I dont know. We have insurance on the home, but insurance against our purchase...dunno..yes it was FHA.

Maybe I am freaking out...but the Clerks couldnt give me an info on the finding and all it said on the website was "JUDGMENT GRANTED. 900.00 AGAINST PLS FOR ATTY FEES "

1. I am the only one who filed suit, they didnt, so is it a typo..why am I paying fees? It clearly says in the disclosure form in case of suit each party will be responsible.


Lyman

Lyman - Go to the clerk's office and ask for the case jacket. From the language you cited from the website, it appears to me that you won your case and were awarded $900.00 but that the Court did not grant you attorneys' fees (which would be consistent with the disclosure form).

If you in fact lost the suit and also were ordered to pay the defendant $900, you need to get an attorney and appeal.

[JDMiller]

The home is on a slab, and having worked 8yrs of construction to put me through undergrad and grad school, I know a bit about plumbing and homes on a slab. So I inquired about the plumbing..and of course the piece of trash seller said “NO current or historical plumbing or sewer problems” clearly on the sellers disclosure form.

Now, as we are moving in our neighbor has an industrial size roto rooter in the clean out ripping out ROOTS. WE share the clean out at a “Y” where our lateral lines meet. She then goes on to tell me how the previous piece of trash had nothing but problems with roots, and MULTIPLE plumbers had serviced the home. Well ironically, she said two weeks prior to us moving in he was outside cleaning the lines., hence why our inspector found nothing.

So, 2 months goes by, and my tub, and sink backs up, guess what the culprit is..ROOTS! So I do some research and find all the receipts and plumbers who serviced the home. I did some more research and found receipts that said “roots”, and plumbers recommended an installed clean out. One receipt stated the guy had his commode completely off the base it was so clogged up. I even called the guy, and he finally admitted he had a problem ONE time.


Lyman


Lyman..... Sorry to hear about the problems you have encountered. There is probably nothing you can do but most municipal utilities will not let you share a common waste unless all the properties or buildings are owned by the same person. State plumbing code will not allow it either ...but basically this code was'nt enacted until the late 60's... so depending on the age of the property.....this code may not have been around anyway.

Plumbing in a residence or any building for that matter is....seperated by definition as plumbing system being the internal waste & vent system to a point 2 ft. from the foundation wall. Past this point its defined as a house or building sewer which is connected to either a private system (septic) or a municipal system. Most..so called home inspectors that sometimes are required by the lendor dont have the equipment to test or properly check sewers. You can usually smoke test or what we do more of now is run a camera system through to locate the problems.

Roots are a pain in the butt to control. If their getting into the sewer you have more problems than just the roots. Clay or piping system that was common called "ironsburg" are nothing but trouble. Their joints give way and allow roots and the ironsburg will slowly give way from the bottom of the piping to point of collapse. The only sure fix is to replace the sewer with pvc & glued joints. I've never seen roots get into a glued joint but I have on the push / hub & spiggot type that only seals by a rubber ring. You will be money ahead to opt for replacement and I would seperate from a combined system. Even if I had to pay for a new sewer tap....I would want a dedicated system that I was the only one on. You never know what someone else will put down their drains.

[lymanl3]

An appeal? I dont want my fees to surpass my initial claim/motion. I called the clerks office..they were not helpful, which is not typical because I deal with the courts on a regular basis with my job. I have already paid for the work, $3000, plus emergency cleanouts $500+, and over a $1000 damage to my home, etc. I have an attorney, and he was under the impression it was "cut and dry" case. It is stated in the disclosure form that all parties would be responsible for their own attorney fees.

I am confused because even if I lost I shouldnt have to pay his fees, and I feel I had a strong case...he had nothing. Get this, one of the receipts stated "roots and feminine products" as the cause for the clog...i.e, the roots stopped up the solids. His attorney argued the case wasnt a contract issue, but a "mental" one, caused by his wife flushing her tampon down the toilet??

Like I said the case note on the website was:"JUDGMENT GRANTED. 900.00 AGAINST PLS FOR ATTY FEES "

I called my attorney and he seemed to think we lost the case, but wanted to wait til the full statement from the judge. I know they didnt counter sue, and if so wouldnt have I received notice or can a statment merely been made during trial? thanks for all the input.

Lyman

[lymanl3]

Lyman..... Sorry to hear about the problems you have encountered. There is probably nothing you can do but most municipal utilities will not let you share a common waste unless all the properties or buildings are owned by the same person. State plumbing code will not allow it either ...but basically this code was'nt enacted until the late 60's... so depending on the age of the property.....this code may not have been around anyway.

Plumbing in a residence or any building for that matter is....seperated by definition as plumbing system being the internal waste & vent system to a point 2 ft. from the foundation wall. Past this point its defined as a house or building sewer which is connected to either a private system (septic) or a municipal system. Most..so called home inspectors that sometimes are required by the lendor dont have the equipment to test or properly check sewers. You can usually smoke test or what we do more of now is run a camera system through to locate the problems.

Roots are a pain in the butt to control. If their getting into the sewer you have more problems than just the roots. Clay or piping system that was common called "ironsburg" are nothing but trouble. Their joints give way and allow roots and the ironsburg will slowly give way from the bottom of the piping to point of collapse. The only sure fix is to replace the sewer with pvc & glued joints. I've never seen roots get into a glued joint but I have on the push / hub & spiggot type that only seals by a rubber ring. You will be money ahead to opt for replacement and I would seperate from a combined system. Even if I had to pay for a new sewer tap....I would want a dedicated system that I was the only one on. You never know what someone else will put down their drains.

JD,

I replaced the lateral line to the main with all new PVC pipe, yes the old was clay and full of ROOTS! Your correct, I could not tie back into my neighbors. I called the engineer and thats why I had to dig up the road to tap in with my own line. The old one was cut off.

2 cameras were ran, the judge has the tape..it was clearly obvious..especially when the camera gets stuck.

Lyman

[buckfever]

"JUDGMENT GRANTED. 900.00 AGAINST PLS FOR ATTY FEES "

Lyman - You need to get a copy of the Court order granting the judgment and find out exactly what happened. Were you at the hearing/trial, and, if not, why not? You should've been there to testify about what occurred. What did your attorney tell you? The judge (at least in most cases) would have made an oral decision from the bench after a short trial. Don't rely on the website, b/c it isn't the judgment.

No judge is going to award attorneys fees when there is a contract provision that precludes it. If the judge ordered it in this case and you weren't told about a trial date (or evidentiary hearing date), I'd be suspicious that my attorney simply missed the hearing and the other side asked for attorneys' fees when you (and your attorney) failed to appear.

[lymanl3]

"JUDGMENT GRANTED. 900.00 AGAINST PLS FOR ATTY FEES "

Lyman - You need to get a copy of the Court order granting the judgment and find out exactly what happened. Were you at the hearing/trial, and, if not, why not? You should've been there to testify about what occurred. What did your attorney tell you? The judge (at least in most cases) would have made an oral decision from the bench after a short trial. Don't rely on the website, b/c it isn't the judgment.

No judge is going to award attorneys fees when there is a contract provision that precludes it. If the judge ordered it in this case and you weren't told about a trial date (or evidentiary hearing date), I'd be suspicious that my attorney simply missed the hearing and the other side asked for attorneys' fees when you (and your attorney) failed to appear.

No, I was there...the trial was almost 2hrs long. I testified, my neighbor testified (his old neighbor), I had receipts from plumbers who worked on the house, and my attorney was there. We did not get a decision from the bench..it was "TUA" trial under advisement...for 2wks, then I got the next post about the judgement yesterday.

My orginal motion was over a year ago..kept getting postponed etc...I went to the clerks office yesterday (Floyd cnty IN) and they werent any help..they told me they didnt have anything and the judge would mail out the judgement??? Surely they would have notes..or he would? I work for CPS in KY an orders are written right there?? Your correct, I need the calendar before I freak out...

Lyman

[quackrstackr]

3. Get an appraisal from someone you know and trust;


Wish I had done that..... bwahaha... just joking with you Mossy..:D

I think that's about the only thing that went smoothly on mine.

[buckfever]

No, I was there...the trial was almost 2hrs long. I testified, my neighbor testified (his old neighbor), I had receipts from plumbers who worked on the house, and my attorney was there. We did not get a decision from the bench..it was "TUA" trial under advisement...for 2wks, then I got the next post about the judgement yesterday.

My orginal motion was over a year ago..kept getting postponed etc...I went to the clerks office yesterday (Floyd cnty IN) and they werent any help..they told me they didnt have anything and the judge would mail out the judgement??? Surely they would have notes..or he would? I work for CPS in KY an orders are written right there?? Your correct, I need the calendar before I freak out...

Lyman

Lyman, I wouldn't get too up in arms yet.

That post could be read one of two ways.

You either lost and were ordered to pay $900 for the defendants' attorneys fees. That would be impossible given the contract language you cited. Did the defendant put on evidence about how much work his attorney put into the case?

If he didn't then what that posting really is saying is that judgment was granted in your favor and that you won $900, but that the court denied your request for attorneys' fees.

Sounds to me like its the latter.

[lymanl3]

Lyman, I wouldn't get too up in arms yet.

That post could be read one of two ways.

You either lost and were ordered to pay $900 for the defendants' attorneys fees. That would be impossible given the contract language you cited. Did the defendant put on evidence about how much work his attorney put into the case?

If he didn't then what that posting really is saying is that judgment was granted in your favor and that you won $900, but that the court denied your request for attorneys' fees.

Sounds to me like its the latter.

Both parties stated how much they had invested, and it was also voiced that both parties were aware that we could not recoup our attorney fees. Honestly, with a hint of optimism, that $900 figure sounds more like my attorney fees becuase mine were more...other than that, the $900 is arbitrary??

Lyman

[buckfever]

Both parties stated how much they had invested, and it was also voiced that both parties were aware that we could not recoup our attorney fees. Honestly, with a hint of optimism, that $900 figure sounds more like my attorney fees becuase mine were more...other than that, the $900 is arbitrary??

Lyman

I wouldn't sweat it. Even small claims judges are aware of the common rule that attys' fees aren't recoverable (absent some various extenuating circumstances which are not present here). It sounds to me like you won $900 (no attys fees), but that the clerk didn't do a good job of entering in the database.

[lymanl3]

Winning $900 would be a slap in the face relative to what I have already paid out. $900 is arbitrary...doesnt account for anything less my attorney fees?? Actually, I would net zero after he is paid. Well see when the summary is received. I appreciate all the feedback.

Lyman

[trust me]

What you related to us said, "Judgment granted." Since you ask for judgment, sounds to me like you got what you wanted plus the 900 for the attorney. I think you are OK, based on what I've read so far. Good luck.

[buckfever]

What you related to us said, "Judgment granted." Since you ask for judgment, sounds to me like you got what you wanted plus the 900 for the attorney. I think you are OK, based on what I've read so far. Good luck.

Trust Me - Defendants also ask for Judgment in their favor.

"JUDGMENT GRANTED. 900.00 AGAINST PLS FOR ATTY FEES "

Although this is hopelessly ambiguous, I've thought of another possible interpretation which is even more optimistic.

The Court may have granted you the relief you requested on your damages claim without stating the exact amount (some $5000???) in the posted notice, but ruled against you in your prayer for $900 for attorneys' fees.

Given what you've said on here, it would defy all logic if you lost (as you understandably thought given this ambiguous notice) and the Judge awarded the other side their attorneys' fees without some contractual agreement providing for it.

[lymanl3]

Trust Me - Defendants also ask for Judgment in their favor.

"JUDGMENT GRANTED. 900.00 AGAINST PLS FOR ATTY FEES "

Although this is hopelessly ambiguous, I've thought of another possible interpretation which is even more optimistic.

The Court may have granted you the relief you requested on your damages claim without stating the exact amount (some $5000???) in the posted notice, but ruled against you in your prayer for $900 for attorneys' fees.

Given what you've said on here, it would defy all logic if you lost (as you understandably thought given this ambiguous notice) and the Judge awarded the other side their attorneys' fees without some contractual agreement providing for it.

Thats what I am hoping on...but one never knows. My wife tried to call and get some info as well..they shot her down too and would not pull the file? The court note link is below..not that it adds anymore info.
http://www.floydcounty.in.gov/chronocs.asp?case_number=22E01-0506-SC-00875

I know one thing....when I attend Purdue next year...its a condo to get us through!

Lyman

[lymanl3]

Okay Now I am HOT!!!!

I got the judgement and it was not in my favor!! How?????

The judgement said that they were not aware of the problem!! WTF!! I had the receipts AND my neighbor testified that they cleaned the lines out prior to use moving in!! I think the problem is that my receipts were from two years ago...prior to him putting in the cleanout. Hence...after he put in the cleanout he cleaned out the lines himself..which is what my neighbor testified!!! Now I have 30 days to pay their fees when it is clearly stated in the contract that neither party would be responsible for the other!!!

Lyman

[lymanl3]

Here is the judgement. (with my own analysis in paren's)

1. The plaintiffs, as buyers entered into a written puchase agreement dated 9/17/04 with the defendants, as Sellers, to purhcase the the real estate commonly known as 17 Brookview drive, New Albany, Floyd County Indiana. Among other things the agreemennt gave the right to the Plantiffs to have the property professionally inspected which was done and disclosed no sewer problems (Thats because the F*&^ cleaned out the lines right before we closed...while we were closing)

2. Attached to the purchase agreemnet was the sellers property disclosure form which was signed by the plaintiffs, as sellers, and the receipt of which was acknowledged by the defendants as buyers and which was to be part of the purchase and sales agreement.

3. The disclosure form which was apparently a Kentucky disclosure form, among other items, asserted the sellers were not aware of any problems with the sewer system and that there were no past or current problems with the plumbing.

4. The evidence showed that there had been problems in the past with roots and othe rmanmade materials in the sewer system but that at the time of the sale of the house there were no problems with the sewer system of which the defendant or either of them were aware (FALSE, my neighbor testified she witnessed them cleaning the line prior to us movin in!!!)

5. That the disclosure form did not require that the plaintiffs disclose any historical problems with the sewer system nor does the Indiana law require any disclosure of historical problems with the sewer ( Bull S&^$.....it was in the contract we signed....see item 3 above!!!)

6. That any problems the plaintiffs had had with the sewer system did not affect the house plumbing. (Bull S&#& ...did the judge not see my exhibit..whatever where my washing machine backed up and did over a $1000 damage to my new hardwood floor...is that not plumbing???)

7. That the defendants did install a swer line cleanout access on the sewer line during the time of their ownership and occupancy of the house in question so as sto avoid having to snake the line for roots from inside the house...(point...they had roots..duh)

8.That the plaintiffs installed a new sewer line to the main sewer and had installed a cleanout on this new line. (Yes I did for $3000).

9. That the defendants were, however, unaware of any problems with thte sewer line or clean out at the time of the sale of the house to the plaintiffs. (What...is 2wks too long...how does one operationalize short term memory)

10. The plaintiff should recover nothing by this claim against the defendant.

11. That Defendannts should recover attorney fees for defending this action in the amount of $900.00, being for 6 hrs of legal work devoted to the defendants case at $150.00 per hour. (however it clearlys says in our contract...and was reiterated during trial that neither party could recoup attorney fees)..

Then..it says I have 30 days to pay...

Fellas I am for a lost here......


Lyman

[buckfever]

Lyman - I'm sorry to hear this verdict.

Ask your lawyer to prepare a Motion to Vacate the Judgment. He has 10 days to do so. I'm not sure what difference it makes that it was a KY disclosure, b/c sellers provided it and I'm sure KY and IND have similar disclosure requirments. Also ask your attorney to determine whether there's some statutory right to attorneys fees in small claims court. If there's not, the judge had no business awarding the defendants their fees.

The order clearly states that the disclosure failed to denote the PAST problems which clearly existed. You had a right to know what past problems they encountered, b/c it possibly would have influenced your decision to buy. If the judge won't change his/her mind, I'd really think about appealing this. Good luck.

[lymanl3]

Thanks for you help Buckfever.

My attorney is out of town right now and will not be in until 6/6/06 (scary).

The fact they used the KY form was in my benefit becuase it included "historical" problems as well.

I am lost..and very upset. This is ridiculous that people can be deceitful when selling homes, and blatantly get away with it. There paradox's within the actual judgement that amaze me...was the judge even listening..guess not since he sought out advice.

Lyman

[daking]

Being a home inspector, I do have a bit of knowlege about the disclosure form. Under the section "sewer" it clearly asks if the person filling out the disclosure is aware of any problems with the system. If there is evidence that neighbors had witnenssed multiple sewer cleanings and root removal by the owner, then it's pretty clear that they knew about the problem

As far as the judgement, I'd do what Buck advises. While we disagree about many huntin and fishin issues, his reputation as a lawyer is good.

I'd also consider making a complaint against the real estate agent who listed the property. There may be some fine point of Indiana real estate regulations that would put the agent (and their errors and omissions insurance) on the hook. Since they'll have to answer to the regulatory body that controls how they make a living, they'll take it seriously. That might cause them to shake the seller loose of the information that was withheld which has cost you big money and may cost the agent big money. Regulators have a lot more leeway than judges.

[daking]

Oh, and one more thing. After you've rode this horse as far as it will go, report the judge to whatever Indiana has that is the equivalent of the retirement and removal committee here. IF your account is accurate (and I have no reason to believe it isn't) then this guy is a crook or an incompetent goofball. Either way, the public is getting screwed. Maybe he needs a little counseling session with his superiors.

[lymanl3]

Thanks, Daking. We actually hired the inspector ouselves. He basically ran water for a period of tim..he had no basis to run a cam becuase the seller did not indicate there were roots. My attorney is is pretty pissed as well...I'll meet with him next week and take it from there. I definitely should not have to pay the defendant.

Yeah, my wife is going to call the "problem solver" ...on wave 3 tv...not sure of the name, but at least find some answers hopefully. Surely there is a better explanation than the one I was afforded...If there is a law that makes them not liable fine...but I am not seeing it.



Lyman

[lymanl3]

Well an appeal is going to damn near cost me more than I paid to have the sewer replaced....so my attorney is going to ask for a change of "something"....requesting the judge to change the decision based on the the info...and the letter/refute he is putting together...well see.

The next house I buy...is the one I am building. B.S is what it amounts too..what is the purpose of a sellers disclosure form. The sad thing about it is...I could lie on the form, but my a$$ would probably be found guilty...also, I am not a cheating prick like that loser that sold me the house....

Lyman

[lymanl3]

Well my attorney filed a motion to correct errors....

Here is what the latest post states on the Court website

"PL ATTY FILES MOTION TO CORRECT ERRORS AND BRIEF IN SUPPORT OF MOTION TO CORRECT ERRORS."

We will see....I have the typed motion my attorney filed...I will post it later. Maybe some opinion on the validity of his motion would be appreciated...

Lyman
(http://www.floydcounty.in.gov/chronocs.asp?case_number=22E01-0506-SC-00875#2)

[lymanl3]

Daking,

Who would I call in IN to report the less than honorable judge to?

As of 7/16/06 30days has elapsed since we filed our motion to correct errors, i.e, I have taken it in the a$$ once again. So I either have to pay my attorney $2500 to file an appeal (which he does not suggest) or I can go pay the clerk and call it quits....

I will get another attorney since I did all the legwork myself...

Any suggestions??


Lyman