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  • September 15, 2009 at 8:05 PM #16344
    infoseeker
    Participant

    Today we got the seller disclosures for the home we are considering. We see that the sellers received around $7000 in 2007 as a result of a class action lawsuit that was settled out of court. In the disclosure form, the sellers claim that it was related to repairing AC leak, patch bathroom leak and other minor things. We are meeting with our realtor and sellers realtor during the home inspection tomorrow where we plan to get as much information as possible. I have a couple of questions before that

    1. What are the things to ask for and look for to make sure that the mentioned issue in the house is already fixed and that there aren’t any serious issues why the seller joined the suit?

    2. Let say we buy this house after making sure there are no issues; when we sell it should we disclose about the previous owners class action suit?

    3. Is sellers involving in class action suit pretty common?

    September 15, 2009 at 8:22 PM #457045
    Ricechex
    Participant

    Bumping this up, as I too am interested in responses about disclosure.

    September 15, 2009 at 8:22 PM #457847
    Ricechex
    Participant

    Bumping this up, as I too am interested in responses about disclosure.

    September 15, 2009 at 8:22 PM #457654
    Ricechex
    Participant

    Bumping this up, as I too am interested in responses about disclosure.

    September 15, 2009 at 8:22 PM #457240
    Ricechex
    Participant

    Bumping this up, as I too am interested in responses about disclosure.

    September 15, 2009 at 8:22 PM #457581
    Ricechex
    Participant

    Bumping this up, as I too am interested in responses about disclosure.

    September 15, 2009 at 8:39 PM #457050
    SK in CV
    Participant

    Technically, it was not a class action law suit. Class action lawsuits are brought in federal court, construction defect litigation is (generally) a state court issue. CD litigation is often multiple plaintiffs with similar, though often not identical claims.

    Often homeowners are promised something for nothing by attorneys, and sometimes get it. Sometimes (but certainly not always), the defects claimed are insignificant, and depending on when the house was first sold, may not even include any actual damage or even claims of damage. Additionally, homeowners are often not even aware of the actual claims made on their behalf, and short of an actual trial (or deposition), most evidence of defects developed by the plaintiff’s attorneys and consultants are priveleged, and the homeowner never sees it.

    That said, you should probably request all correspondence between the seller and their attorneys and find out exactly what the significant claims were and have your own inspector investigate those claims. If the litigation reached deposition stage, and the homeowners were deposed, demand a copy of their deposition transcript. (Most CD litigation does not reach that stage.)

    September 15, 2009 at 8:39 PM #457852
    SK in CV
    Participant

    Technically, it was not a class action law suit. Class action lawsuits are brought in federal court, construction defect litigation is (generally) a state court issue. CD litigation is often multiple plaintiffs with similar, though often not identical claims.

    Often homeowners are promised something for nothing by attorneys, and sometimes get it. Sometimes (but certainly not always), the defects claimed are insignificant, and depending on when the house was first sold, may not even include any actual damage or even claims of damage. Additionally, homeowners are often not even aware of the actual claims made on their behalf, and short of an actual trial (or deposition), most evidence of defects developed by the plaintiff’s attorneys and consultants are priveleged, and the homeowner never sees it.

    That said, you should probably request all correspondence between the seller and their attorneys and find out exactly what the significant claims were and have your own inspector investigate those claims. If the litigation reached deposition stage, and the homeowners were deposed, demand a copy of their deposition transcript. (Most CD litigation does not reach that stage.)

    September 15, 2009 at 8:39 PM #457659
    SK in CV
    Participant

    Technically, it was not a class action law suit. Class action lawsuits are brought in federal court, construction defect litigation is (generally) a state court issue. CD litigation is often multiple plaintiffs with similar, though often not identical claims.

    Often homeowners are promised something for nothing by attorneys, and sometimes get it. Sometimes (but certainly not always), the defects claimed are insignificant, and depending on when the house was first sold, may not even include any actual damage or even claims of damage. Additionally, homeowners are often not even aware of the actual claims made on their behalf, and short of an actual trial (or deposition), most evidence of defects developed by the plaintiff’s attorneys and consultants are priveleged, and the homeowner never sees it.

    That said, you should probably request all correspondence between the seller and their attorneys and find out exactly what the significant claims were and have your own inspector investigate those claims. If the litigation reached deposition stage, and the homeowners were deposed, demand a copy of their deposition transcript. (Most CD litigation does not reach that stage.)

    September 15, 2009 at 8:39 PM #457587
    SK in CV
    Participant

    Technically, it was not a class action law suit. Class action lawsuits are brought in federal court, construction defect litigation is (generally) a state court issue. CD litigation is often multiple plaintiffs with similar, though often not identical claims.

    Often homeowners are promised something for nothing by attorneys, and sometimes get it. Sometimes (but certainly not always), the defects claimed are insignificant, and depending on when the house was first sold, may not even include any actual damage or even claims of damage. Additionally, homeowners are often not even aware of the actual claims made on their behalf, and short of an actual trial (or deposition), most evidence of defects developed by the plaintiff’s attorneys and consultants are priveleged, and the homeowner never sees it.

    That said, you should probably request all correspondence between the seller and their attorneys and find out exactly what the significant claims were and have your own inspector investigate those claims. If the litigation reached deposition stage, and the homeowners were deposed, demand a copy of their deposition transcript. (Most CD litigation does not reach that stage.)

    September 15, 2009 at 8:39 PM #457245
    SK in CV
    Participant

    Technically, it was not a class action law suit. Class action lawsuits are brought in federal court, construction defect litigation is (generally) a state court issue. CD litigation is often multiple plaintiffs with similar, though often not identical claims.

    Often homeowners are promised something for nothing by attorneys, and sometimes get it. Sometimes (but certainly not always), the defects claimed are insignificant, and depending on when the house was first sold, may not even include any actual damage or even claims of damage. Additionally, homeowners are often not even aware of the actual claims made on their behalf, and short of an actual trial (or deposition), most evidence of defects developed by the plaintiff’s attorneys and consultants are priveleged, and the homeowner never sees it.

    That said, you should probably request all correspondence between the seller and their attorneys and find out exactly what the significant claims were and have your own inspector investigate those claims. If the litigation reached deposition stage, and the homeowners were deposed, demand a copy of their deposition transcript. (Most CD litigation does not reach that stage.)

    September 15, 2009 at 8:45 PM #457664
    infoseeker
    Participant

    Hi SK, thanks for the inputs… the note in the disclosure says that it was settled out of court. So does it mean a deposition might not have happened? Anyways its a good point that you mentioned that we could ask the correspondence between the attorneys and sellers

    September 15, 2009 at 8:45 PM #457857
    infoseeker
    Participant

    Hi SK, thanks for the inputs… the note in the disclosure says that it was settled out of court. So does it mean a deposition might not have happened? Anyways its a good point that you mentioned that we could ask the correspondence between the attorneys and sellers

    September 15, 2009 at 8:45 PM #457592
    infoseeker
    Participant

    Hi SK, thanks for the inputs… the note in the disclosure says that it was settled out of court. So does it mean a deposition might not have happened? Anyways its a good point that you mentioned that we could ask the correspondence between the attorneys and sellers

    September 15, 2009 at 8:45 PM #457055
    infoseeker
    Participant

    Hi SK, thanks for the inputs… the note in the disclosure says that it was settled out of court. So does it mean a deposition might not have happened? Anyways its a good point that you mentioned that we could ask the correspondence between the attorneys and sellers

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