It was the (winning) plaintiff in a civil lawsuit regarding real estate nondisclosure. When you sell a house in the US state where I live there is a very detailed form you fill out, noting all of the problems or defects that you know of regarding the property.
Despite the understandable desire to “gloss over“ any issues with the place, It is very much in the sellers best interest to fill these out honestly & correctly because if you lie about it and get caught, the buyer can sue you for triple damages.
The seller owned the house for about 12 years and at some point they discovered a major structural / water intrusion problem which would cost a lot to fix, instead of being honest about it, they decided to cover it up and lie about it on the disclosure form.
After we bought the place we discovered both the damage AND the cover up. The concrete foundation of an exterior structural wall had cracked, failed, and was slowly collapsing. This jeopardized the structural integrity of the house and let ground water run under the downstairs floor, rotting out all the layers of flooring beneath the newly installed top layer.
Instead of fixing it, they built two false walls inside to hide the collapsing foundation and covered up the rot beneath with a new layer of Pergo laminate. So here we are just a month after purchasing this house, looking at a $50,000 repair bill to fix a major problem that the sellers had obviously discovered, chosen not to fix correctly, made substantial efforts to cover up prior to the sale, and then lied about, on the record.
You will never find a lawyer who will take a case like this on commission since it usually comes down to a “he said, she said” situation which is nearly impossible to win. In this case however we had hard evidence showing the date that the false wall has been built, right in the middle of the previous owners tenancy. It turns out that drywall has the manufacture date printed on the back. Fiberglass insulation has the manufacture date printed on the paper facing. Romex electrical cable has the manufacture date printed on the plastic casing around the wires. All of these dates agreed, indicating that the false wall was built by the sellers about four years prior to the sale of the house.
After multiple failed attempts to settle we ended up in court, both sides paying for “expert witnesses“ to prove our opposing theories about how the false walls ended up there hiding all that damage, and specifically, when they were built.
They paid about $10k for the elaborate piece of fiction that their engineer/expert witness came up with, I know since they tried to get us to pay for it. He had a complex theories about how WE must have caused the foundation to collapse.
When confronted with the inconvenient dates on the various construction materials he came up with even more elaborate theories on how electrical wiring, fiberglass insulation, and drywall could’ve somehow been installed BEHIND A TILED BATHROOM WALL without the knowledge or participation of the sellers.
The kicker was that this “expert” engineer had NEVER ONCE STEPPED FOOT IN THE HOUSE! The opposing counsel had a baby in the middle of all of this, so the defendants “expert” had over six months time in which he could have examined the house in exhaustive detail but he never showed up, not even once. Our attorney asked him why not? He asked him “have you ever even laid eyes on the house? The “experts” answer was “ yes, yesterday morning I took a look at it from the street.”
You could see the judge cock his head a bit, and he asked him “why would you do that?” The “experts” answer was “ because I knew you would ask.”
Our attorney was an abrasive, irascible curmudgeon of a man but at that moment I saw the biggest smile light up his face. He turned his head and just smiled at us for a few seconds, and then slowly shook his head and told the judge “no further questions”. At that point everybody in the courtroom knew it was over.
The defendants dragged it out as long as they could, but two days before the deadline for the judge to render a decision on damages they showed up with a check. It wasn’t enough to pay for the reconstruction, especially after taking out the legal fees, but at least we weren’t on the hook for all of it.
We still live in the same small town and neither the opposing counsel, the defendants, or the “expert” will meet our eyes when we see them around.
Username: GlockAF