Using an AI Legalese Decoder to Navigate Suing a Seller: Avoiding Confusion When Your Lawyer is Lunching with the Other Party
- May 10, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Situation with the Purchased House
Hello all,
We recently purchased a house that the seller lied about in the disclosures (mold, entirely damaged roofs, fake septic, fake permits with the county, fake HVAC, 70 tons of trash hidden in the property, did not disclose fires during closing, no insulation in the walls, etc…). We also later found out that its his 5th lawsuit in 10 years…
We hired a lawyer 6 months ago and paid about $22k so far in legal fees. At this point, we assumed everything was fine and progressing as they claimed that it’s a complex case and it needs a lot of research.
In the meantime, we have spent nearly $200k fixing each problem of the house one at a time and were slowly hoping to get some justice from our lawyers at some point in time.
However, today we were out at lunch at a restaurant and our lawyer was having lunch with the seller of the house and it seemed very friendly / not work related.
My wife didn’t want to confront him and I am not sure what to make out of it or whether I should call out my lawyer.
Am I overthinking this scenario and can I trust him to continue the process fairly? Would a lawyer meet someone they are suing at a fairly expensive restaurant?
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I would appreciate some feedback, suggestions, if possible.
Edit #1 – To those that asked about the inspections, we unfortunately let our real estate agent handle all the inspections since we lived out of state and she managed them and gave us the green light that everything was ok. We actually have copies of reports saying everything was in fair condition e.g. the HVAC, but when the company that did the inspection came to fix it the first time – they quoted us $27k to replace it as the unit was not repairable or serviceable. We probably should not have trusted the real estate agent that much, but our lawyers said that because the seller made no disclosures and we were able to get records from the fire department and testimonies from the neighbors/county that all the work was unpermitted, unlicensed, and the damages were not reported, we have some legal standing.
Thank you all for the suggestions, I scheduled an appointment in two weeks in person with our lawyer and will see what their explanation is for the case.
## Conclusion
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****** just grabbed a
Big red flag. Theres no acceptable scenario here that makes this ok for you.
Your lawyer cannot talk to a represented party in an ongoing lawsuit without the other party’s attorney also being present. Assuming the Seller has their own lawyer who was not at the lunch, then your lawyer is likely violating the rules of professional conduct (could depend on the state) unless the meeting was in no way about your lawsuit. You could report the attorney to bar association since as you noted this is impacting your trust in your attorney to fairly represent you. But first, you should probably just plainly ask your attorney about the lunch in a non-accusatory manner. If it didn’t relate to the lawsuit and you trust the answer, then maybe let it go. If they lie / deflect, then consider whether you want new representation.
You need to consult a legal malpractice attorney in your jurisdiction and have them advise you.
IAAL but not yours
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First step is ask your lawyer about the lunch in a non accusatory tone. If you are satisfied with his answer, great. If you still aren’t comfortable contact a different local attorney, and ask for advice. It can probably be covered for a few hundred dollars in a single hour meeting.
I do NOT recommend reporting your own lawyer to the bar without consulting another attorney. While your lawyer is ethically required to represent you to the best of his ability, he is human. And having a client with a complaint against you to the bar will change the relationship.
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Before you do anything, schedule an appointment with the lawyer and ask what happened.
This is weird, so no inspections on a home you were purchasing? Didn’t go see it once? All of these things couldn’t be hidden even if purchased sight unseen FaceTime or zoom or something else exists….. so I’m curious as to the validity of this post.
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