Need Construction Litigator

I don't want to be rude, but are you serious?

What were you expecting, exactly?

If it will make you feel better, I found terrible termite damage, no joists where there should be joists, live electrical buried inside walls within walls, the worst plumbing...

...basically, a gut job that I didn't anticipate.

And my house is more than 100 years old, and my engineer didn't have x-ray vision, and all sellers lie. I would suggest going and getting really drunk, or punching a punching bag, or doing whatever else it takes to get it all out of your system, and then move on.

Your engineer has a clause in his contract that specifically states that he can only report on what was visible to him, and the seller doesn't have to tell you squat.

You have no case. Welcome! It will all be okay!

Posted by: Anonymous at July 27, 2007 9:15 PM

To 9:15: strange way to "Welcome!" someone. Under the guise of offering advice, a disappointing number of posters just come off as bitter and arrogant. You sort of wish they'd just keep it to themselves. The OP may well have a case.

Posted by: Anonymous at July 27, 2007 10:30 PM

Pardon my bitter arrogance... I am writing from this perspective:

NY real estate = Caveat Emptor
All Old Houses Are Rotten Somewhere

Based on the information in this post, I see a person with a really old house that has structural problems who is not satisfied with their engineer's report. All I am saying is that every single old house has these structural issues, that no engineer is going to tell you what (s)he can't see, and that the OP might be a little happier if (s)he adjusts expectations instead of feeding lawyers.

Lawsuits draw out bad feelings. It might be better to get over it. I am happy I didn't sue. Why is that a bitter and arrogant thing to say?

Posted by: Anonymous at July 28, 2007 8:06 AM

It's becoming all too common on this site that if someone offers advice that's harsh, others--usually offering no advice--jump in to criticize. Unfortunately, a lot of advice IS harsh.

OP: Before you even try to talk to a lawyer, read your contract with the inspector. I suspect you'll find that the first poster is correct, and you probably don't have a case.

Posted by: Anonymous at July 28, 2007 8:22 AM

All this can be said to the OP without being harsh.

Even flaws to a house that are clearly visible to the naked eye, can be left out of an engineer's report, and yet the buyer can't do anything about it. It's true. My friend bought a house on Long Island that had foundation issues she herself pointed out to the inspector, outright asking him "why is that crack there" and he said it was nothing. Turns out they had to replace the entire foundation. She tried to sue, and got nothing. All because of that language in the contract that says the inspectors are not the slightest bit responsible for their work.

Our inspector also didn't mention problems that were visible to the naked eye, and that we're positive he saw.

One thing about New York being a Caveat Emptor state, is legally if you ask specific questions of the buyer, they must answer. Submit a list of questions in writing, to the sellers. They may lie anyway but you can try it, why not. Regarding suing, depending on the repairs required, b/c of court costs and attorney fees it can be more expensive to sue than it is to simply pay for the repairs. Unless a lawyer has told you that you have a very very good chance of winning, then it's not worth it to sue.

Posted by: Anonymous at July 28, 2007 4:47 PM

Hey OP.

I am the "bitter arrogant poster." I genuinely feel for you, and have had similar problems.

I have two questions:

1. Who told you that you have a safety issue and "could die in an electrical fire?" Lots of shady folks we have interviewed to do work have told us that we are in danger of dying because of the way our place was done, and generally speaking they have not been telling the truth.

Our place is a total mess, and had a couple of little truly dangerous bits, but the plumber and electricians who told us that we were about to die, or that they would not stay one night in our house were just yanking our chains. If one electrician told you this, I would get a second and third opinion.

2. Even if it winds up being true, are you upset enough to carry the weight of a lawsuit over years? When we thought about how much work it was going to be to fix our house, we figured that we could handle it, but that it would suck. But then we added in the work of worrying about a lawsuit and its attendant bad feelings, we both just started to cry inside.

Know what I mean? There is a psychic cost to lawsuiting.

I really did mean welcome, and I really did mean that it will all be OK. I feel for you!

Posted by: Anonymous at July 29, 2007 5:02 PM

You guys seems to be misreading the OP's post.

It sounds like he bought a "renovated" home.

It's one thing to buy an old house that clearly needs work and to find lots of problems in the process. It's another thing to purchase a "renovated" home that wasn't done to code even though a home inspector said it was.

I'd sue the seller as well if I were the OP.

Posted by: Anonymous at July 29, 2007 11:35 PM

I don't think I am misreading it--I bought a "renovated" house with "new electricial and plumbing", which meant electricians and plumbers streaming into my house telling me that I am in imminent danger, that my water heater was going to explode through the roof, etc. It was new, but it was really badly done, and will all need to be redone.

We thought we bought a house that was structurally sound and needed cosmetic work. We actually bought a house that had extensive structural damage and needed new plumbing and new electrical.

Frankly, this is exactly why in the future I am just going to buy a house that I know needs to be gutted. But no, I wouldn't sue.

Posted by: Anonymous at July 30, 2007 8:15 AM

OP,

Your first question is the right one. You want a referral for a lawyer. A lawyer will read your contracts -- with the seller and with the inspector -- discuss with you your understanding of the facts and, hopefully, give you good counsel on the applicable law and whether a lawsuit is worth pursuing and what it would cost to pursue it. Then the decision is yours based on informed counsel. Everyone here is just jumping to conclusions as to what your facts are. Some cases are worth pursuing and some are not.

I don't have anyone to recommend but you are looking for a real estate litigator, not a construction lawyer, because, as I understand it, you did not hire any contractors, you only contracted to buy a house and hired an inspector.

Hopefully, commenters will calm down and simply refer you to quality lawyers and leave it at that.

Posted by: Anonymous at July 30, 2007 9:51 PM