Can Anyone Recommend a Good Attorney?

[OK Corgi Rancher]

Standard real estate boilerplate executed by an attorney the title company has on staff/retainer for these things. Yes, we used a title company.

Says basically the house is sold "as is, where is" and "no warranty".

Also, this lady is supposedly a realtor. She didn't have a home inspector check out the house. She just came in, looked it over, in a nutshell said "I want it" and made an offer. 2 very thorough inspections were conducted by 2 previous potential buyers and only very minor issues were found.

 

[AKguy1985]

In the Tulsa area there is a real estate attorney by the name of Hylton. The guy is good. When I had jury duty I saw him in action. He reminded me of Thomas Lennon aka officer J dangle off Reno 911.

One thing I learned from that was never lie on the disclosure statement when selling a house, be honest. That's why there was a lawsuit and a jury trial to begin with.

 

[OK Corgi Rancher]

Disclosures were honest. As a matter of fact, my wife went to a lot of trouble to fix the very minor issues that came up in the first two inspections. I told her not to since they were not major issues but she did it anyway.

And, disclosures are simply an admittance of known problems...not problems that might crop up in the future.

This lady is complaining about settling of the house. That kinda stuff just happens.

 

[TinkerTanker]

If it's settling, she won't win. She's just looking for a free house or she's been unemployed etc. and can't afford the bill. I congratulate you on getting to sell the house twice. It's a hot market right now. You'll make good money if it goes into foreclosure soon.

 

[turkeyrun]

I would use the Texas attny.
1. If it goes further, he would know exactly what has happened up to that point.
2. A letter will most likely end the situation. Be sure the letter states, she will be responsible for your attorney fees incurred from her actions.

$350 is a small price to pay.
I had a similar letter sent, 25 years ago. Cost me $150. Problem ended. Peace of mind, priceless.

 

[Bixby Sooner53]

If you are in the Tulsa area, 2 of the longest and most reputable real estate law firms are Pray Walker Attorneys and Counselors and (Brian) Huddleston Law Offices. I have no idea what you think is too expensive, but I’m sure they have Junior staff that can write your letters. Here is a list of others (I don’t know since I didn’t work with any of them before I left in 1999): 22 Best Tulsa Real Estate Attorneys

 

[Raido Free America]

When my wife sold her house in TX she carried a small portion of the selling price. The buyer is now alleging my wife failed to disclose some things and she's wanting the lien to be released in exchange for not suing. Personally, I think she's trying to run a scam but that's just speculation on my part.

We're looking for an attorney here just to write a few letters and such. If the situation gets to the point of litigation we have someone lined up in TX. But he's a little too pricey for this type of stuff.

I want someone experienced with these sorts of real estate contracts who can advise us on a course of action and let this woman know we're not playing her stupid games.

Good luck! If there is anything you need to watch closer than their LAWYER, it's YOUR LAWYER!

 

[Ahall]

The advice to document all claims made by the buyer is good, but assume they will do the same to you as well.
Also assume all postings you ever made on any topic will come up in court.


Law suites are EXPENSIVE.

Read through your contract. If and when they fail to honor it, then get legal advice and decide how to move forward.

Look at it as a business consideration, keep your emotions out of it.
You know what was disclosed and the accuracy of the disclosure, so you know the factual strength of the claim that will potentially be made.
You also know what you have beyond your testimony to back that up.
An attorney can advise you of what the contract language means and what the risks are.
They can also advise you of what your expenses are likely to be and what avenues are open to you.


An accountant can advise you of the tax implications of releasing the lean without being paid.
Good chance you can report a loss and offset some income.
Good chance you can report the "forgiven debt" to the IRS and increase the buyers tax burden.
Depending on the size of the note, the tax burden might be a real negative to the buyer that they have not considered.


At that point you can do the math and see what makes sense.
Also consider how the math works for them and an attorney representing them.
Law firms are for profit businesses.
Is there any money for them in this if they work on commission and can the buyer afford to push it on their own?



If you think that you can and will have to repossess and resell the property, then get the dead beat out before they damage the collateral on your note.
If you think a filing on their part is not a bluff, should you strike first?



A few other thoughts.

Lending intuitions usually do things to protect their collateral.
Many closing agreements include some kind of third party warranty for a limited period of time.
Check the closing documents. If they do, the buyer should file a claim before coming after you.

Some lenders require inspections and most contracts allow for them prior to closure. Did they have the place professionally inspected?
Many states have a punch list of what is inspected during a home inspection.
If they did and a claimed issue was not reported on inspection, but should have been, that's another potential defendant to share the financial burden, and they will probably have a professional E&O policy that will kick in if the amount of money is big enough.
If they did not inspect the property, well shame on them.

The last time I bought or sold property the sellers disclosures were a standard check list.
Are the claimed issues outside the checklist? I expect that will affect the validity of the claims.