Attorney Recommendation for claims against residential seller/appraiser

3,779 Views | 11 Replies | Last: 5 yr ago by TKDMom
Goldie Wilson
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An acquaintance recently purchased a house in the Brenham area and, without getting into the details, has encountered some major issues with the house that weren't disclosed by the seller or the appraiser.

I'm hoping to find a local attorney in the BCS or Brenham areas that has some experience with this.

Thanks.
befitter
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Try Fred Bayliss
happyinBCS
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Cully Lipsey
SPI-FlatsCatter 84
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AG
Savrick shuman Group in Austin has a partner that almost exclusively litigates construction and real estate issues

Ive worked with them for 10 years.
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Nothing is getting fixed in D.C. until we get term limits for both the House and the Senate
AgDotCom
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Cully Lipsey has forgotten more real estate law than many lawyers know. However, he doesn't litigate. His partner Heath Poole does, though. My choice would be to use Heath, assuming he's available and handles cases in Washington County. That way you have a good litigator (should you need to go that far) who has a direct pipeline to Cully's vast knowledge. There will likely be good recommendations for other attorneys posted here as well.
deh40
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AG
befitter said:

Try Fred Bayliss
dallasiteinsa02
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Why would they sue the appraiser? Do you mean inspector?
legalbird
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One can suffer loss from a bad appraiser.

I had a new home fail inspection because the house was 98% done, but she cited some towel bars and undermount cabinet lights not installed.

Keep in mind I had about 75% equity in a new build.

She later confessed that she needed money, and the re-visit at a later date would net her about $100.


Amateur con artist...made me sick. Other events were delayed from her tactics.
Shooter McGavin
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AG
legalbird said:

One can suffer loss from a bad appraiser.

I had a new home fail inspection because the house was 98% done, but she cited some towel bars and undermount cabinet lights not installed.

Keep in mind I had about 75% equity in a new build.

She later confessed that she needed money, and the re-visit at a later date would net her about $100.


Amateur con artist...made me sick. Other events were delayed from her tactics.
1. The lender can go ahead and waive the need for the final inspection.
2. I find it very hard to believe an appraiser would require for those two insignificant items. Has to be more to the story.
Neither of the above caused you to "suffer loss".
woodiewood1
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An appraiser while looking at the interior of the house will make note of any defects or missing items from the norm, but he/she doesn't approve or disapprove a loan. An appraiser is not an inspector and normally doesn't go into the attic or do any extensive inspections of systems such as plumbing, electrical, CHVAC, etc The will note any blatant safety issues such as missing porches, railings on decks, loose/exposed wiring, check for aluminum wiring, etc. Their charge is not to do an inspection of the house.

For example, An inspector will look at an oven and test the temperatures to see if it is heating correctly. The appraiser just checks to see if there is an oven. An inspector will check the temperature that is coming out of the duct, an appraiser will make sure that there is an AC present. An inspection looks to see if there are leaks in the plumbing and H2O heater and that all is operating as intended.. An appraiser only confirms there is an H2O source present...he/she doesn't check temps and normally doesn't check for plumbing leaks.

Hopefully your Brenham buyer had a home inspection by a licensed inspector? That is the person who should be catching the noticeable defects.
Goldie Wilson
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Yes, I meant inspector.

Thanks for the suggestions.
legalbird
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Shooter McGavin, since no loss was suffered, would you please give me the money for the second inspection?

Also, since you said there was no loss, could you pay me back for the extra month of rent I had to pay since the closing was postponed?

Hate to say it, but your industry operates in many different manners.

Thanks
TKDMom
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legalbird, did you also mean inspector, rather than appraiser?
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