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bob haller bob haller is offline
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Default Do "roots in the sewer in the past" require disclosure?

On Apr 6, 4:52*pm, deadrat wrote:
On 4/6/13 3:40 PM, Oren wrote:





On Sat, 6 Apr 2013 06:42:24 -0700 (PDT), "
wrote:


Tell what you know, Bob. Tell what your local laws require. Don't
shout *from every roof top every single abstract detail. Dang! *It
really is easy if your hair is not on fire. I do not live under threat
of being sued, by anybody, ever, period.


I did once get sued for brutality by a Nigerian Prince. There was
nothing brutal about his ass-kickin'.


neither of which are good for anyone.


Sigh


Bob seems to think that anyone threatening a lawsuit is worse
than the grim reaper and that anyone actually filing a suit against
you
is the end of the world. * And on that basis, if you're going to sell
a house, you must fix everything and anything that a potential
buyer might object to or one day sue you over.


So, you could pay to fix 10 things that cost $10K each on
the chance that one day they could result in a buyer coming
back to you demanding payment for something. * And that
something might still not be on the list of things you did fix.
And I think we're on the same page, that if that person comes
back and says, it cost me $12K to put in a new sewer, you
could just pay it then;. *Or offer to pay $8K of it, etc. *Yeah, I
guess there is the pathological case, where the sewer clogs
up, the dummies living there continue to flush the toilet,
filling the basement up with 7 feet of sewage, grandma opens the
basement door, falls in and drowns, the house develops mold
and is condemned, but it doesn't sound like the more common
outcome to me. *The more common thing would be they have
a problem, they fix it, they shell out the money, then try to recover
what it actually cost to fix from you, the seller.


And again I'll issue the disclaimer that I'm not saying that
you should not disclose the sewer issue. *I'm just saying that
living in fear of some mega lawsuit doesn't make sense to me.
It's going to be mighty hard to turn a blocked sewer line into some
huge lawsuit. * The plaintiff has to prove actual damages, ie what
they really spent to fix it. *They can't just show up in court
saying pay me $100K. *He also thinks lawyers take these cases
on a contigency basis and I doubt that is true for the typical
sewer clogged up case.


I think the court's legal term is you have to have "standing". The
case has to have a leg to stand *on or it is tossed.


No, "standing" means that you have the legal ability to bring suit. *If
you allege specific harm to yourself, you have standing to sue. *That
doesn't mean your case has enough merit to survive summary dismissal on
other grounds.





I've been through this property disclosure at least seven times. I'm
kickin'. No beans off my plate.


anyone can sue anyone for any reason. but even a lawsuit brought
against you that has little viability can cost legal fees, and perhaps
hurting your reputation in the community....

while it may get tossed eventually it can still be a big hassle that
costs large sums of money.....

but hey dont disclose, your paying legal fees does not effect me at
all....

when i was a child my family sold a home with a collapsing wall, you
could put your hand outside from in the basement the bow was that bad.
the new owner had to fix it......

if that happened today my family would of been sued....