Home › Forums › Closed Forums › Buying and Selling RE › Sellers were plaintiffs in class action lawsuit
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Ricechex.
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September 15, 2009 at 8:05 PM #16344September 15, 2009 at 8:22 PM #457045
Ricechex
ParticipantBumping this up, as I too am interested in responses about disclosure.
September 15, 2009 at 8:22 PM #457847Ricechex
ParticipantBumping this up, as I too am interested in responses about disclosure.
September 15, 2009 at 8:22 PM #457654Ricechex
ParticipantBumping this up, as I too am interested in responses about disclosure.
September 15, 2009 at 8:22 PM #457240Ricechex
ParticipantBumping this up, as I too am interested in responses about disclosure.
September 15, 2009 at 8:22 PM #457581Ricechex
ParticipantBumping this up, as I too am interested in responses about disclosure.
September 15, 2009 at 8:39 PM #457050SK in CV
ParticipantTechnically, 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 #457852SK in CV
ParticipantTechnically, 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 #457659SK in CV
ParticipantTechnically, 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 #457587SK in CV
ParticipantTechnically, 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 #457245SK in CV
ParticipantTechnically, 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 #457664infoseeker
ParticipantHi 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 #457857infoseeker
ParticipantHi 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 #457592infoseeker
ParticipantHi 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 #457055infoseeker
ParticipantHi 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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