Im being sued

[Carl Pennick]

I received a letter from an attorney yesterday informing me that his client is taking legal action against me. The reason I did an inspection for him on December 17 and I quote "I negligently failed to report and/or notice that the property has a sink hole located on it which diminished the property's value"
The main reason I did not report it was because the sink was filled in over 10 years ago and did not have a clue the bloody thing was ever there.., but according to the attorney I should have known and reported it. It does get better as in the owners discloser it was put in there that 10 years ago the property had a sink hole in the front garden to which the buyer had signed before December 17.
The 2nd reason for the legal action is that their is a large hole in the dry wall. The reason for the hole is due to the owners calling in a plumber to repair a leaking water pipe that I found and reported on in my inspection, now I am being blamed that the plumber did not repair the dry wall.
I would love to know has any one got a better story about being sued

[rwand1]

How are you responsible for something that is outside the scope of the SOP and the scope of your knowledge? It true you can be sued for anything.

Personally I would throw the onus back on the lawyer to provide documentation of his claim. Sounds like they are fishing.

Raymond Wand
Alton, ON

[jwortham]

I didn't know we was in the business of insuring a homes value.

And a sink hole, that was filled in 10 years ago, unless it's a sink hole now, who cares???

That's like saying I am suing you because 10 years ago the roof leaked. It's a new roof, but you should have known. That's ridiculous.

You have my sympathies!

[gporter]

They were already told there was a sink hole. I would counter sue for filing a bogus claim. But I am not an attorney.

[gporter]

I think Nachi (Joe Ferry) should review it and if it is a bogus claim then NACHI should represent him and then in turn file an ethic's complaint against the attorney.

[Dale Duffy]

Originally Posted by cpennick

I received a letter from an attorney yesterday informing me that his client is taking legal action against me.
I would love to know has any one got a better story about being sued

I don't, and also hope to never have a better story, or any story period.

[Joseph Hagarty, CMI]

Carl:

It is only a letter notifying you of the client's intent. You are not being sued.

Draft a professional response letter pointing out the areas within your Contract, Report and SOP that are applicable and address the situation at hand.

Have your attorney review.

Don't lose any sleep over it.

[Joseph Hagarty, CMI]

Couple of thoughts come to mind...

Do Home Buyers in Florida conduct Pre-Closing reviews before close of escrow?

- Was the sink hole observable at time of Pre-Closing Walkthru?

- Was the missing drywall present at time of Pre-Closing Walkthru?

[Dale Duffy]

You know the worst part of it is some thieving lawyer took someones money again.....

Was your client even there at the time of the inspection????

If your client was at the inspection, the attorney and the client are both idiots.

[pdacey]

Originally Posted by jhagarty

Carl:

It is only a letter notifying you of the client's intent. You are not being sued.

Draft a professional response letter pointing out the areas within your Contract, Report and SOP that are applicable and address the situation at hand.

Have your attorney review.

Don't lose any sleep over it.

My thoughts exactly. They are probably just fishing figuring that your insurance co. (if you have it) would rather settle than pay an attorney to fight it.

[cmccann]

Lawyers are the real thieves!

[Carl Pennick]

Yes he was there, I have told is attorney that the case is BS and he gos though with it I will ask the judge to make him pay my legal fees. I dont think it will go that far but it goes to show how low people will go.

[jrivera]

Originally Posted by jhagarty

Carl:

Don't lose any sleep over it.

WHAT ARE YOU NUTS !!!!!!!!

It's not even me and it gives me the willys, if your an old pro at getting sued, no sweat.

But if your a first timer, man, some people just take it real hard. Even if you know your right.

It's like a hallucinogenic drug, next thing you know your seeing things.

You could be a movie director with all the different scripts as to how this could play out.

[Nick Gromicko]

Carl,

You say that the seller disclosed the sink hole. So don't worry. Your report is not deficient if it failed to mention any item that the seller did mention.

Note the last sentence of the first paragraph #1 of NACHI's Agreement between you and your client. It reads:

"The report is only supplementary to the seller's disclosure"

We think of everything.

[jrivera]

Originally Posted by gromicko

Carl,

We think of everything.

This maybe true but I still got the willys