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Do I need a real estate lawyer for water damage?

May 29, 2019 · Disputes with neighbors are best resolved quickly to minimize conflict. Knowing your rights can help make your negotiations simple, practical, and predictable. Contact a skilled real estate attorney near you to learn about local land and water laws to ensure your dispute is resolved efficiently.

What are a lawyer’s responsibilities when a client asks for property?

The services of an expert could become necessary. An experienced real estate lawyer is going to have the skills needed to identify and work effectively with an expert witness. Or, if a dispute cannot be resolved amicably through negotiation and it becomes necessary to sue, of course, a lawyer can represent you in court.

What type of court should I choose after a home inspection?

What to do if your lawyer throws your case out of court?

What are the facts of divorce in England?

The five facts are adultery, unreasonable behaviour, desertion, 2 years separation (with consent) and 5 years separation.

What happens if a spouse does not agree to a divorce?

If the spouse receiving the divorce petition (the “respondent”) does not agree to the divorce, they will also need to pay a court fee. It is very rare for a divorce to be defended in this way.

Why do courts make legal services orders?

The Court may make a Legal Services Order in order to place a divorcing couple on an equal footing financially to meet legal fees. The court will look at the income, earning capacity, property and other financial resources which each party has or is likely to have in the foreseeable future.

Can a court order that one spouse pay some of the legal fees of the other?

However, a court can order that one spouse pays some of the legal fees of the other if their conduct warrants a costs order. Read our blog about a husband who was ordered to pay his wife’s costs of £1.5m. The Court may make a Legal Services Order in order to place a divorcing couple on an equal footing financially to meet legal fees.

Who pays for adultery in divorce?

where adultery is the fact proven, the respondent will pay for 100% of the costs of the divorce (including the court fee).

Do you have to pay for your own costs in a financial claim?

Financial Claims. Normally each party pays for their own costs in a financial claim. The general rule in financial proceedings is that the court will not make an order requiring one party to pay the costs of another party. However, a court can order that one spouse pays some of the legal fees of the other if their conduct warrants a costs order.

How is property damage factored in a lawsuit?

Property damage is sometimes calculated into the overall damages award issued to a party. However, it is usually factored into the compensatory damages award, which is intended to reimburse the plaintiff for losses resulting from the other party’s actions or negligence.

What happens if you are able to prove that your neighbor is responsible for water damage?

If you are able to prove that you neighbor is responsible for the water damage, you may be able to recover damages for your losses. These can include: Costs associated with repairs for the damaged property. If your home became uninhabitable due to the damage, you might be able to recover hotel or lodging costs.

What are some examples of water damage?

An example of water damage would be if a plumber negligently installs a water pipe, and that pipe then bursts. Runoff from a neighbor’s property is another common source of water damage. Water comes to customers through an underground system of mains, which are large pipes intended to serve an entire street or neighborhood. This system also includes smaller pipes, which are connected to the main. What this means is that with so many parts involved, there are several opportunities for water damage.

What is the legal theory of negligence?

Negligence refers to the legal theory which allows injured parties to recover for the carelessness of other parties. A person is considered to be negligent if they were careless, given the circumstances of the situation. Generally speaking, in order to hold a person liable for negligence resulting in property damage, it is necessary to prove that the person had a duty of care to the other party. It must also be proven that they disregarded that duty, and their acts resulted in quantifiable property damage.

What are neighbors water disputes?

What are Neighbor Water Damage Disputes? Usually a neighbor cannot be held responsible for property damage caused by runoff from naturally occurring rain and land conditions. However, if the water damage is caused by a neighbor’s actions or non-actions, this can present some difficulties. Since the flow of water is somewhat unpredictable, ...

What is the opposite of the Common Enemy rule?

Many jurisdictions have loosened this rule and have required a showing that the other neighbor acted with negligence. "Civil Law" rule : This is the opposite of the Common Enemy rule- neighbors can be held liable if the alter their land in any way that disrupts the natural flow of the surface water across land.

Where did Travis get his J.D.?

Travis earned his J.D. in 2017 from the University of Houston Law Center and his B.A. with honors from the University of Texas in 2014. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What to do if your complaint to the state attorney regulatory agency is unsuccessful?

If your complaint to the state attorney regulatory agency is unsuccessful, you may also consider suing the lawyer for malpractice in order to get the money back.

How to win a malpractice case in Ohio?

In practical terms, to win a malpractice case, you must first prove that your attorney made errors in how she handled your case. Then you must show that you would have won the underlying case that the lawyer mishandled. (This second part is not required in Ohio.) Finally, you will have to show that if you had won the underlying case, you would have been able to collect from the defendant.

How to succeed in a malpractice case?

To succeed in a malpractice case, however, you will have to prove that the settlement your lawyer entered into was for less than your case was worth. You see your lawyer socializing with the lawyer for your opponent . This is not malpractice or a breach of attorney ethics.

What does Dorian sue his lawyer for?

Dorian sues his lawyer for malpractice. He can prove duty (he signed a representation agreement with the lawyer). He can prove breach (the lawyer failed to file the lawsuit within the proper time). He can prove causation (witnesses and a police report attest to the driver's liability).

What happens if your lawyer stops working on your case?

Your lawyer stops working on your case. The longer your attorney ignores you and your case, the more likely it is to amount to malpractice. You must act quickly to see that your case is properly handled and get another lawyer if necessary. Writing or faxing a letter expressing your concerns and asking for a meeting is a good first step.

Why is my case thrown out of court?

Your case is thrown out of court because your lawyer did no work. This may be malpractice. Your difficulty will be in proving not only that your lawyer mishandled the case, but that if handled correctly, you could have won and collected a judgment.

What is the duty of a seller to disclose defects?

Nearly all 50 states have laws requiring sellers to advise buyers of certain known, material defects in the property, typically by filling out a standard disclosure form before the sale is completed . Depending on the jurisdiction, this responsibility can override an "as is" clause contained within a purchase contract. The standard disclosure form asks the seller to state whether the property has certain features (like appliances, a roof, a foundation, systems for electricity, water, and heating, and more) and then rate or describe their condition. Some states' disclosure laws are more comprehensive than others, meaning that not all sellers will be required to discuss the condition of a feature not deemed by the legislature to be "material." Moreover, the seller is not usually required to actively inspect for problems. But if there are obvious problems about which the seller should have known, but failed to disclose, a court might believe that the seller purposely failed in his or her duties. The same is true if the seller purposely tried to hide a defect—for example, if the seller painted over a large crack in the foundation so that you would not see it. This would be strong evidence supporting a lawsuit.

What can a home buyer do in such a circumstance?

What can a home buyer do in such a circumstance? If there were material defects concealed within your house at the time of purchase, did the seller or the seller's agent have a legal obligation to disclose them to you? In some cases, depending on the facts and whatever evidence you can round up, you might be able to recover some portion of the repair costs from the seller.

What happens if you get a home inspection?

Your home inspector. Hopefully, you got a home inspection before buying your home. Usually, home inspectors provide a full evaluation of the home's condition prior to closing. In theory, the inspector should have spotted problems that the seller perhaps never knew. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector may face some liability under a theory of negligence or breach of contract. Read over your inspection report to see what, if anything, it said about the area in question. Some buyers are embarrassed to find that the problem is described right in the report, or that the problem falls within an area that the inspector rightfully excluded from the report.

What is mediation in real estate?

In mediation, you would meet with the potential defendant (s ) and a third-party neutral mediator. While some mediators are lawyers or retired judges, many are also industry specific—for example, expert architects or contractors who know a good deal about residential homes. Mediators are trained to guide a settlement discussion that will eliminate the need for a lengthy, expensive trial. For more information, see Why Consider Mediation?

What is demand letter?

Demand letter. This essentially lays out the facts, stating the nature of the defect and the amount of damages that you seek. Demand letters have greater weight when they arrive on an attorney's letterhead, since that shows the recipient that you have already engaged counsel and intend to take the matter seriously. But they don't take long to prepare, so even hiring an attorney may be a cost-effective way to go. For more about demand letters, see Demand Letters: The Basics.

What happens when you buy a house after saving money?

After a few weeks or months, however, you notice problems: perhaps low water pressure, mold, or termites. They seem serious enough to make you suspect that your home seller knew about them prior to the sale, and failed to report them to you.

Can a buyer recover from a seller for a defect?

Ordinarily, only home defects that are material and that the buyer didn't know about, but which the seller did at the time of sale, will allow a buyer to recover from the seller. That means, of course, that most defects you might find within a home will not make the seller legally liable to you.

What is a small claims court?

SMALL CLAIMS COURT. Small claims court is an option if you are unable to get your complaint satisfied in other ways. Usually, no lawyer is required, the paperwork simple and the results rapid. Small claims are usually inexpensive to pursue, and you may even be reimbursed for your filing fee if you prevail.

What are local government agencies?

In many areas, local governmental agencies have been established to help consumers who feel they have been wronged. Start with your city’s agencies first. If there isn’t one or they cannot be of assistance try county or state departments of consumer affairs.

Where to contact Better Business Bureau?

Check the telephone directory for your local Better Business Bureau or write to the national headquarters, the Council of Better Business Bureaus, at 1515 Wilson Boulevard, Arlington, VA 22290 or telephone 703-276-0100. Professional societies for electricians, plumbers, and other tradesmen may also have such a service in your area.

Can you plan for every exigency?

So, you tried to anticipate everything. But the fact is, no one can plan for every exigency. So here are some ways to deal with the aftermath of a disaster. They do happen. Not often, but they occur. What do you do if something major does go wrong?

What happens if you don't show up for a small claims court?

If you fail to show up, your claim will be dismissed. If the contractor fails to show up, you may win your case by default. If you find you cannot sue in small claims court, you can still sue in civil court, although it is more complicated and takes longer.

How to file a complaint against a contractor?

Court websites usually provide information on proper use of forms to file complaints.

What happens if a contractor does not follow the terms of a contract?

In situations where you, the homeowner, and the contractor agree to certain terms in a contract, the contractor must follow those terms. If not, a breach of contract occurs.

How much can you sue in small claims court?

Different states have different requirements. In some states, claims courts will handle small claims up to $10,000. In other states, the number is $5,000 or less.

How to find out how long you have to file a lawsuit?

Different states have different statutes of limitations. You can find the deadlines by calling the small claims court clerk’s office.

What happens if you don't show up for a contractor's court hearing?

The contractor will receive a summons to appear in court along with a copy of your claim, and you will be notified as to when this happens. On the date of your hearing, appear in court and bring all documents and photos. If you fail to show up, your claim will be dismissed.

How to send a demand letter to a contractor?

You should attach whatever documents and photos you feel are appropriate. You should send the letter using certified mail with a receipt requested so you know when it was received.