what kind of lawyer do you use to sue people that sold house to you

There may be differences in the type of lawyer you need depending on the type of contractor you enter into an agreement with. For example, if you contract a real estate agent to sell your home, a business lawyer may not be adequate; you might need a real estate attorney instead.

Full Answer

What kind of lawyer do I need to sue a contractor?

What Kind of Lawyer Do I Need to Sue a Contractor? The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney.

Do I need an attorney to sue a real estate agent?

Do I Need an Attorney to Sue a Real Estate Agent? If you believe you have been wronged by your real estate agent, you should immediately consult with a skilled and knowledgeable real estate attorney in your area. An experienced attorney will help you understand the specifics of your case, and help you determine if you have a valid legal claim.

Can I sue everyone who was involved in the sale?

Even if you think you've been wronged, you can't sue everyone who was involved in the sale of your home. The home seller is the first one to consider, of course.

Where can I find a lawyer if I am sued?

If you are sued, you can find yourself a lawyer who’s able to defend your interests. The Enjuris lawyer directorycan be a good source for finding a lawyer near you.

Can you sue previous homeowner for non disclosure Canada?

Yes, you can sue the seller for not disclosing defects if your attorney can prove that the seller knew about the defect and intentionally failed to disclose it.

What are the best things to sue for?

Top 6 Reasons to SueFor Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. ... For Protecting Your Property. ... For Replacing a Trustee. ... For Getting a Divorce. ... For Enforcing the Terms of a Contract. ... For Discrimination and Harassment.

What happens if you buy a house and something is wrong?

If the buyer discovers the defect after closing, the buyer can file a lawsuit. Purchase agreements typically have a clause that provides for the resolution of contract via mediation or arbitration. To be successful, however, the defect discovered by the buyer must be a “material” defect.

Can you sue a house flipper?

However, house flippers often do not care and only want to make a quick profit. Having the work done by a licensed contractor, and pulling permits, cost time and money. When a house flipper sells a house that has not had permits pulled, the home buyer has legal rights that can help them get problems fixed.

What is the easiest thing to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

Is suing someone worth it?

Is Going to Court Worth It? Again, it just depends on the specifics of your case. If you have a strong case and a good attorney, suing a person might be worth the costs. But if your case isn't as clear and you don't have a large budget, you may want to think twice before going to court.

How long are you liable after selling a house?

Normally a buyer would have six years in which to bring a claim against you, although in certain situations it could be three years from when the buyer becomes aware of a problem.

Is there a lemon law for houses?

The short answer here is, no — there aren't comprehensive lemon laws when it comes to real estate. But there are protections in place that are designed to prevent the sale of a “lemon” house equivalent.

How long do you have to report faults after buying a house?

six yearsYou will in most cases have six years to bring a claim against the seller, which should be ample time for any problems which are going to come about to emerge.

What is unethical conduct in real estate?

There are four principle ways in which agents cheat customers: failing to tell sellers of higher bids when lower bids provide the agents with more commission through mortgage and insurance needs; switching second bidders to other properties when buyers are in short supply; selling unnecessary insurance or the wrong ...

Can buyer Sue seller for backing out?

Can a seller cancel their agreement by refusing to close? The answer is no. The buyer can sue the seller if this happens.

What is real estate attorney?

A real estate attorney, also known as a real estate lawyer, is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale or short sale.

What to do if your lawyer doesn't warn you?

If your lawyer candidate doesn’t warn you on how suing can backfire, run. If they claim they are the best around, they aren't. If their goal is extorting a pre-trial settlement go elsewhere and find a lawyer who is willing, if needed, to go all the way to a final judgment. Good ones will. Finally, never lie.

What do PIABA lawyers sue?

I've been watching them over decades, and they’re pretty good. PIABA lawyers also sue mutual funds, hedge funds, and investment advisers. These may end up in court or arbitration, depending on the contracts you signed.

How to find a good trial lawyer?

How to find one? First, search online for, “How to find a good trial lawyer.” There's super good information online – particularly at Badger Lawyer and Columbia Law School . Or you can contact the state bar in the major metropolis nearest you (easily found online). Ask for 10 names of attorneys who handle plaintiffs (aka … you). Always meet them. Ask each how they started, their first chair dispute history and examples of their experience.

What is the biggest mistake people make in trial law?

You never have, or maybe twice. So, you'll likely lose – making beginners’ mistakes your opponent doesn’t. For that reason, businesses often win against individuals – having built trial law muscle over decades. And the biggest mistake individuals make is picking wrong lawyers. My best advice? Learn to pick a good trial lawyer. Trial law is a unique art form.

Can you use an attorney in small claims court?

Much exists online and in books about navigating these courts. Several states like California, Michigan and Nebraska won’t let you use an attorney. Rules vary by state. If you’re alone and your opponent has a good attorney, you’re at a huge disadvantage.

Do trial lawyers need subject matter experts?

Good trial lawyers needn’t be subject matter experts to win. They learn what they need so they can do what is necessary. But they’re super experts in the art of trial combat.

What is the importance of suing a real estate agent?

It is important that when suing a real estate agent that you gather all documents which evidence any of the damages you may have suffered. Further, it is also important that you mitigate your damages, meaning that you should not cause yourself additional harm and then try and recover that additional harm from the real estate agent.

What are the lawsuits against real estate agents?

Some other common lawsuits filed against real estate agents include: Failing to Disclose a Property Defect: The seller or buyer is ultimately responsible for disclosing any property defects involved in a real estate sale.

What are some examples of real estate?

Some examples of what a real estate agent does include: Handling standard client forms; Drafting and preparing offers and other related paperwork; Providing satisfactory customer service if a client has an issue;

What is a real estate agent?

Simply put, a real estate agent is a licensed professional who is authorized to conduct real estate business in a given state. They represent buyers or sellers of real estate, which is essentially property consisting of land and the buildings on it. Real estate agents have obtained an education and training in all matters related to real estate, ...

What is a violation of the Fair Housing Act?

Violating the Fair Housing Act, such as disclosing certain details about a neighborhood or community that are protected by the Act.

What is due care in real estate?

Due care is essentially what a reasonable or prudent person would do under the same circumstances. In this case, it would be what a fellow real estate agent would have done. A client may claim that their real estate agent knew or should have known something, but failed to take any action to prevent or address it.

Can you sue a real estate agent for lying?

In addition to the lawsuits listed above, you may also be able to sue a real estate agent for lying. However, suing for a lie or misrepresentation is not as simple as it sounds. The nature of the lie will have a huge impact on the legality of such a suit.

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.

Who is responsible for a seller's failure to disclose a defect?

The responsible party may have been the seller, the seller's agent, or the inspector, as explained above. Here, the laws of the specific state will be important in determining what, precisely, the seller was required to reveal.

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 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 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 you sue for a rusty doorknob?

And even if you were not told about certain defects that the seller did know about, such as a rusty doorknob in the hallway closet, or a cracked pane in a French door, such minor defects are not considered legally material, sufficient to sustain a lawsuit. Buyers will not be able to sue for financially inconsequential defects, regardless of whether or not those defects were disclosed.

Who is responsible for a defect in a home?

If you believe that you have discovered a material defect that the seller never disclosed to you prior to the sale of the home, there are three potentially responsible parties, each of whom may have some portion of the liability: The seller.

How to sue someone in California?

California Courtslists these as the steps for how to sue someone. Keep in mind the actual courts and processes may vary by state, but generally you will need to do these things if you’re pursuing a case by yourself: 1 Figure Out How to Name the Defendant 2 Ask for Payment 3 Find the Right Court to File Your Claim 4 Fill Out Your Court Forms 5 File Your Claim 6 Serve Your Claim 7 Go to Court

What happens when someone steals someone else's property?

When someone steals someone else’s property, the victim can notify the police ( in which case the person may be charged with criminal theft). The victim can also file a civil suit (in which case the person can recover the fair market value of the stolen property). Reply. Linda Mcgrathsays.

What happens if someone disobeys a court order?

When someone disobeys a court order, you can file a contempt action in an effort to get them to comply. If the court finds that the person did in fact disobey the order, the court may fine the person (or even put them in jail). In addition, the court will take steps to force the person to comply with the order.

Why do personal injury attorneys charge by the hour?

Personal injury attorneys usually work on contingencysimply because it would not be financially possible for a plaintiff to bankroll a lawsuit; criminal attorneys like to charge by the hour. Far too much is required in fees on an up-front basis. For types of cases other than personal injury, ask for the attorney’s estimated fees and weigh whether it would be smarter to settle or pursue a claim pro se.

How much money do you need to file a small claims lawsuit in Texas?

In Texas, a small claims court actionis one that demands $10,000 or less in damages. If the damages are more than that amount, you’d need to file a personal injury lawsuit to recover costs.

What is negligence in a personal injury case?

For example, a personal injury caseusually requires plaintiffs to illustrate the concepts of negligence: that an injury occurred; that the defendant owed you, the plaintiff, a duty of care; that a breach of that care occurred; and this resulted in damages. The elements would be different for a breach of contract, which mean you must show that a contract was formed; that you performed as required under the contract, but a breach occurred when the defendant did not; and this breach resulted in damages.

Why is being a lawyer so hard?

Being a lawyer is hard; that’s why it takes so much time and money to become one. Lawyers typically do not represent plaintiffs at small claims court because the stakes, shall we say, are too low — but that makes those cases no less complex for a layperson.

What type of lawyer can sue a contractor?

Thus, the most common type of lawyer used to sue a contractor is a business law attorney.

How to find a lawyer for a contract?

The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service. Licensed and monitored by the California Bar, these organizations serve the public by maintaining a vetted and approved database of qualified lawyers with a proven record of success.

What is a false claim?

False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations.

What does "harassing the client" mean?

Behaves in an inappropriate manner (harassing the client)

Can a contractor abandon a project?

If you’ve ever had a bad experience with a contractor, you know just how stressful it can be. It’s not all that uncommon for contractors to abandon projects, leaving homeowners with incomp lete projects and behind schedule or over budget.

Is contract fraud common?

Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include:

Can you sue for a contractor who asks for more time?

On the other hand, not every issue is a good reason to sue. A contractor who repeatedly asks for more time because the job turns out to be more complex than originally assumed isn’t necessarily at fault as long as they can justify the extension.

Where to sue for home defects?

Where to Sue Over Home Defects. Your main options for actually filing a lawsuit include: small claims court, if the damages are under a certain limit, or. state court . Filing in small claims court allows you to proceed with your case without a lot of the expensive administrative hassles of a "regular" lawsuit.

What are the legal bases for a lawsuit?

In legalese, you could potentially sue someone based on any of the following principles, or some combination of them: failure to disclose (according to your state's statute) negligence. fraud. breach of contract. breach of warranty, or. negligent misrepresentation.

What problems did the seller tell you about when you bought a house?

You probably knew when you bought the house that it wasn't in perfect condition. Some problems, such as a crack in the front walk, might have been obvious. Others, such as aging plumbing, the seller might have told you about in the course of the sale. (In most states, laws require home sellers to disclose all "material" defects to prospective buyers.)

How much can you sue for?

However, every state places a dollar limit on the amount of damages you can sue for—usually somewhere between $1,500 and $15,000. To find your state's exact limit, see 50-State Chart of Small Claims Court Limits. Even if your damages are over the limit—for example, if the repairs cost $8,000 and the limit is $5,000—bringing a suit for $5,000 and forgetting about the rest might make economic sense because you will save time and attorney's fees.

How long after a sale can you be angry?

Such problems can come to light days, weeks, or years after the sale, leaving you angry and wondering whether you really have to shoulder the entire financial burden. In such cases, you might actually be able to ask the responsible person to pitch in, and take the matter to court if they don't.

Can you sue someone for selling your home?

Even if you think you've been wronged, you can't sue everyone who was involved in the sale of your home. The home seller is the first one to consider, of course.

Do you pay a fee upfront for a contingency case?

Some attorneys will take this type of case on a contingency basis, meaning you don't pay a fee upfront but pay a large percentage (30-40%) of the damage award. You might still be responsible for paying court costs and other fees, plus expenses such as the attorney's phone calls and postage. Or, the court may award reimbursement of attorney's fees as part of your damages.

What is the lawyer's assistance with fraud?

The Lawyer’s Assistance with the Fraudulent Sale. It is often necessary to seek monetary damages even if the perpetrator behind the fraudulent sale suffers criminal justice. The investigation and reversal of any negative action generally cost the owner and family.

What do you need to hire to investigate a fraudulent sale?

The lawyer may also need to hire an expert witness or private detective to track down and find the culprit of the fraudulent sale. If necessary, these processes will ensure that he or she arrives in the courtroom if the family seek compensation for the crime.

What happens when a property is sold online?

When a property sells through an online purchase with a deed that either does not exist or is no legal, it may take time to unravel the matter to discover the culprit and reverse the damage. The new buyer may receive the title, but when sold by someone that has no actual interest in the property, ...

Why is my house no longer in possession?

There are times when a person will discover that his or her house is no longer in possession due to instances of fraud. Another person, couple or family may attempt to move in when the current occupant still lives at the property. In certain incidents where fraud happens, the perpetrator may steal personal information either through online access ...

What to do after hiring a lawyer?

After hiring a lawyer, the owner or family that is assisting may need to wait until the lawyer is able to work out what to do once the investigation is still proceeding. Cooperation with local real estate authorities may provide additional information and a path forward.

Does a seller have a right to ownership of a house?

Additionally, the perpetrator of real estate fraud is liable in both criminal and civil cases. This seller has no right to ownership in the property, and the buyer would have no legal interest in the house either. Attempting to validate the deed or title in these situations may lead to the initial investigation into the real estate fraud matter.

Can a person steal personal information?

In certain incidents where fraud happens, the perpetrator may steal personal information either through online access or in person with other scams. These issues may cause the owner to lose access to the property until he or she may resolve the matter. The sold house then is in possession of another until reacquiring it legally.

What to think about before sueing a company?

1. Do You Have a Good Case? This may seem obvious, but you need to have a genuine legal claim or " cause of action " in order to have a court support your position .

What is the last step to take to avoid a lawsuit?

If you have done everything you can to avoid a lawsuit, then your last step is to sue the company. You need to be within the statute of limitations for your state, and you will need the company's legal business name, the name of the owner, and their contact information before you file the lawsuit.

What is the statute of limitations for a lawsuit?

Laws that place a time limit on bringing a lawsuit are called " statutes of limitations .". You do not need to handle the entire case within the statute of limitations. You will have a certain amount of time to file the lawsuit, and then the lawsuit can take whatever time the state courts determine it needs. 8.

How does a lawsuit affect your life?

A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit. The case may involve completing demand letters and paperwork, filing at the clerk's office, waiting in court until your turn to speak, and following any of the judge's orders.

How to get money in small claims court?

If you are asking for a small amount of money in small claims court, you may be able to bring the lawsuit yourself. Gather the evidence (emails, texts, dates of calls, contracts, etc.) and think about what you would tell the court. The company will be served and will either ignore you (which means you win the case) or appear in court to fight back. The judge will have the final say — if you win, then you need to do your own legwork or hire an attorney to ensure you are paid.

What to expect when taking a case to court?

You can expect to gather evidence, have contact information for yourself and the other party, talk clearly in front of a judge or courtroom of people, and follow any court orders. Even if you do not win, taking your case to court means you must follow whatever the court decides.

What to do if a business won't respond to your demand?

If the business won't respond to your demand, it's often possible to lodge complaints against businesses . If a company won't resolve a problem, look up the better business bureau or consumer protection office in your state. You need to have the legal business name, legal name of the owner, and phone number when making a complaint. This can be a good middle step if the company won't work with you outside of court but you don't want to sue the company yet.

How to sue someone who stole my stuff?

How to Sue Someone Who Stole Your Stuff. If you have solid evidence that someone stole your possessions, you can sue them to get your property back or recoup its monetary value. Filing suit in small claims court is the quickest and easiest way if the value of your property comes within the court's monetary limits.

What to do if someone steals your property?

If you have solid evidence that someone stole your possessions, you can sue them to get your property back or recoup its monetary value. Filing suit in small claims court is the quickest and easiest way if the value of your property comes within the court's monetary limits.

What to do if a thief has already disposed of your property?

If the thief has already disposed of your property, you'll have to track down his assets to get your money. References.

How to file a small claims lawsuit?

To start a case in small claims court, get a complaint or petition from the court, then fill it out with your name and address, the name and address of the defendant – the person you're suing – and the amount you are claiming. The filing fee is minimal, the wait time is short, and the proceeding is informal.

How much can you sue for in small claims court?

The amount you can sue for is limited depending on your jurisdiction. The limit ranges from $2,500 in Rhode Island to $25,000 in Tennessee.

How to get back property that was taken?

This could be the municipal, justice or superior court, depending on where you are. The bump-up in courts will come with a big bump-up in costs and time invested in getting back your property. Go to your local court's self-help website and read about the steps to begin a case. You'll need to file a summons and complaint according to court rules. Filing fees can be in the hundreds of dollars, the rules can be confusing and rigid, and the wait times months or years.