Home Buying in Millburn>Question Details

MM, Other/Just Looking in Chatham, NJ

How to counter a lawyer seller?

Asked by MM, Chatham, NJ Mon Jan 16, 2012

I recently tried to purchase a home and the deal fell through because the house had too many inspection issues and as per contract and advise from my attorneys we cancelled contract as per my rights.

The seller is mad and has been bothering us using the unfair advantage that he happens to be a lawyer and a partner in a law firm. He is waging a legal battle against me draining me of legal fees. My litigation attorneys advise me that we will prevail but unfortunately after very significant legal fee which keeps growing. The seller is not facing the legal cost pain as he is using his own legal firm to litigate.

The seller still wants to sell his house. I want to walk to all realtors in town and drop a note explaining my bad experience in buying a house in this neigborhood. I dont want to name the seller and properly in my note but some clues so the realtors figure out which property it is.

Will the realtors find this information useful in advising their clients?

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There is so much we don't know. I, of course, am not a lawyer and can not offer legal advise. Only a lawyer can do that, for a fee of course.

The following is for entertainment purposes only.

Of course, what we do know is anytime anyone enters into an agreement with a lawyer, they are at risk.

Whenever a David and Goliath event presents itself, the local media is your friend. Yep, they can even get Bank of America to stop misdirected foreclosure dead in their track. There are, however, two groups even the media will not expose. Attorneys are not one of those.

No, your plan of action regarding contacting area real estate professionals will have no effect and will never actually reach the individual agent. It could, quite honestly, back fire.

You do have access to social media and perhaps accurately sharing your experience can provide an educational opportunity for others or at the very least, an entertainment outlet.

End of entertainment section.

You are in a real mess and I truly hope you prevail and are able to re-coop your costs.
Best of success to you.
1 vote Thank Flag Link Tue Jan 17, 2012
MM,

This is most unfortunate......at some point it will be important to cut your losses and stop the bleeding. In our opinion being the provider of information about your bad experience has the potential of causing your issue to become even more problematic.

My sense is that most realtors will view this as someone that is very angry venting their frustrations and dismiss it.....

If things continue as they have, unfortunately the only winner will likely be your attorney.

Bill
1 vote Thank Flag Link Tue Jan 17, 2012
Hi MM

Sorry for the issues you are having.

First of all.to answer your question........to be blunt, no.... agents would not make use of notes explaining your experience. It's your personal experience.
Whatever issues you are having with the seller might not occur with a new buyer.

That being said, I understad you're frustrated, and are looking for an outlet to vent this frustration.

Le'ts talk about your "issue".

Since I am in your area, and know how our process works..............what exactly is the seller doing to harrass you? What kind of "legal battle" is he attempting.....on what is it based?

Were you still within your contract inspection time period?
Does the seller think your repair requests are not structural in nature?

Exactly what is being disputed?

With more specific information, perhaps I can be of help.

I won't and can't give you legal advice (and you have an attoney for that already) , but maybe I can help clarify things a bit.
1 vote Thank Flag Link Mon Jan 16, 2012
This brings to a very fundamental question

Is it ethical for lawyers to use their own firm to litigate their case.

Should home buyers/sellers need special protection in contract to cover this scenario. Put in contract that conter party covers all litigation costs if the other parts is a lawyer.
0 votes Thank Flag Link Tue Jan 17, 2012
Just walk away. Buyers will find out about the home as they go thru=ough the process. You do not ant to get caught up in a defamation lawsuit.
0 votes Thank Flag Link Tue Jan 17, 2012
I pretty much agree with Dan. The combative seller/lawyer may be overstepping his ethical bounds in his actions.

Have your lawyer explore the exposure that the seller/lawyer is creating. Then--assuming the seller is overstepping his ethical bounds--ask your lawyer about this strategy: A direct communication to the seller suggesting that he either stop his actions or you will respond in kind. And if those actions continue, you go to the local bar association and exercise your rights as an individual who's being exposed to unethical legal behavior.

Hope that helps.
0 votes Thank Flag Link Tue Jan 17, 2012
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
Dear MM, as a realtor I can't provide legal advice, but how about a neighborly suggestion? Try asking your confident attornies to defer the legal charges until your case is won? It's worth asking, and good luck! JP
0 votes Thank Flag Link Mon Jan 16, 2012
MM,
Lawyers who abuse their power may face some consequences for doing so. I'm not a lawyer, but I'd encourage you to ask yours about a counter suit for harassment and misuse of the legal system. You may be entitled to collect the legal fees for defending yourself against frivolous actions. If nothing else, it may shut him down from further bothering you. I will keep your situation in mind should I come up against a similar scenario. Sorry for your difficulties.
0 votes Thank Flag Link Mon Jan 16, 2012
MM,
Your situation is a legal one. Agents are not attorneys and we can't give legal advice. We can't advise our clients on legal issues other than to seek out an attorney.
0 votes Thank Flag Link Mon Jan 16, 2012
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