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Thanks in advance for the help. My mother placed a deposit on a house
for $7500 back in May 2002. The $7500 was for an initial down payment
on the house. The lady that owned the house gave her a receipt
acknowledging receipt of payment, and said that she would hold the
house until a contract could be drawn up. The lady disappeared for a
few weeks, and sold the house out from under my mother and then
disappeared to another state. My mother has been trying to find legal
advice on what to do in this matter, but all of the lawyers want $2500
to go to court and file the case.
Here is my question. What can be done in this case without having to
spend another $2500, and get the original $7500 back? This almost
seems like fraud to me, but I am not sure what legally can be done
here...either criminally or non criminally.
We know that the lady that took my mother's money is living back in
the same state now, and lives 2 counties over from where the original
property was and the original deal was struck.
What can we do??????????
Thanks,
Bryan
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Thanks in advance for the help. My mother placed a deposit on a house
for $7500 back in May 2002. The $7500 was for an initial down payment
on the house. The lady that owned the house gave her a receipt
acknowledging receipt of payment, and said that she would hold the
house until a contract could be drawn up. The lady disappeared for a
few weeks, and sold the house out from under my mother and then
disappeared to another state. My mother has been trying to find legal
advice on what to do in this matter, but all of the lawyers want $2500
to go to court and file the case.
Here is my question. What can be done in this case without having to
spend another $2500, and get the original $7500 back? This almost
seems like fraud to me, but I am not sure what legally can be done
here...either criminally or non criminally.
We know that the lady that took my mother's money is living back in
the same state now, and lives 2 counties over from where the original
property was and the original deal was struck.
What can we do??????????
You can sue in small claims. In my state the limit is $5,000. If the same
is true in your state, you would sue for $5,000 and kiss goodby the other
$2,500. That's a better deal than paying an attorney, because the total
cost to take the case through trial would exceed $7,500.
McGyver
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You can sue in small claims. In my state the limit is $5,000. If the
same
is true in your state, you would sue for $5,000 and kiss goodby the other
$2,500. That's a better deal than paying an attorney, because the total
cost to take the case through trial would exceed $7,500.
Or file wherever pro se. But it's a lot of work, and you would hate
yourself later if you lost. So don't lose! (the secret to winning)
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In article <c42796$2q1$1@usenet.cso.niu.edu>, W. Stephen Lush says...
same
Or file wherever pro se. But it's a lot of work, and you would hate
yourself later if you lost. So don't lose! (the secret to winning)
Many states allow you to recover attorney's fees if you win a contract dispute.
(Your mother had an oral contract.) Also remember that the defendant has to make
the same decision you do: pay back the money or pay back the money plus pay her
attorney and your attorney.
Proceeding pro se is risky. If she hires an attorney to fight you the outcome
will almost certainly be in her favor because that lawyer will rip you to
shreds. (Been there, trust me.) Oh yeah, you may end up having to pay her
legal fees, too.
I would hire the attorney in a heartbeat.
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Barstool Lawyer <Barstool_member@newsguy.com> wrote in message news:<c439v402cm5@drn.newsguy.com>...
In article <c42796$2q1$1@usenet.cso.niu.edu>, W. Stephen Lush says...
Many states allow you to recover attorney's fees if you win a contract dispute.
(Your mother had an oral contract.) Also remember that the defendant has to make
the same decision you do: pay back the money or pay back the money plus pay her
attorney and your attorney.
Statute of Frauds makes oral contracts for sale of real estate
unenforceable.
But here there was a deposit and a receipt, and that might be enough
in writing to make an enforceable contract.
If the case is going on two years old, though, that makes it more
difficult. There might be a statute of limitations that has run.
Proceeding pro se is risky. If she hires an attorney to fight you the outcome
will almost certainly be in her favor because that lawyer will rip you to
shreds. (Been there, trust me.) Oh yeah, you may end up having to pay her
legal fees, too.
I would hire the attorney in a heartbeat.
Definitely go through an attorney. She should be looking to recover
not only her deposit but also the value of her bargain: if, say,
comparables sold for $10,000 more than the price she agreed on, she
has a claim for that much as well. And ask for attorney fees and court
costs: if the seller acted in such bad faith, that makes it easier for
the judge to use his discretion in awarding these.
--
Not a lawyer,
Chris Green
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I am not an attorney,so this is just my opinion. I think small claims
court is probably the best way to go. I just wonder why your Mother
didn't use an attorney from the beginning? She plunked down $7500 just
on the homeowners word?
William
wprien@yahoo.com
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In article <5ad47acc.0403271127.4330f361@posting.google.com>, William Prien
says...
I am not an attorney,so this is just my opinion. I think small claims
court is probably the best way to go. I just wonder why your Mother
didn't use an attorney from the beginning? She plunked down $7500 just
on the homeowners word?
William
wprien@yahoo.com
Good point! There are reasons why we have real estate agents, attorneys, escrow
agencies, and 20-page contracts with fine print on both sides. They protect the
buyer and the seller from exactly what happened here. If these people ever get
into court, the seller is going to claim that the "down payment" was really just
a deposit that the buyer forfeited by failing to proceed with the sale. Pity
the judge trying to make sense of nothing more than a cancelled check and two
witnesses with conflicting stories as to what they agreed on.
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Many states allow you to recover attorney's fees if you win a contract
dispute.
American rule.
(Your mother had an oral contract.) Also remember that the defendant has
to make
the same decision you do: pay back the money or pay back the money plus
pay her
attorney and your attorney.
Proceeding pro se is risky. If she hires an attorney to fight you the
outcome
Not supposed to be. Just time consuming.
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