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How Mad are You? — 1 Comment

  1. I completely understand, Im in the process of suing the seller in a real estate dispute over an easement they added after the sale (where I purchased a 6 acre) tract at public auction and the seller 30 days after the sale and before closing added a 500ft easement that bisected my land for the benefit of the adjacent tract to pass percolation testing. This was and AS IS WHERE IS sale, ,go figure. I refused to take the easement without a significant discount. They told me they would sell to someone else. So I went out and got a lawyer sued for specific performance and have a lien on my parcel and the adjacent parcel so they cannot sell till court settled.

    The auctioneer passed out plats that were signed and sealed 2 days before the auction and guaranteed me a 4 bedroom soil site in writing, AS IS WHERE IS. Turns out they were not all the way through the perc. testing when they sold and represented like they were complete at the time of the sale. MY lot passed for the 4 bedroom just fine but the adjacent tract they sold needed a curtain drain to extend 500ft thru my lot so I could take there excess water to pass. I would not lie about this, the auctioneer said nothing about soil sites not being complete just guaranteed them on the sales contract and the contract even states All info on file at Rutherford County, sold AS IS WHERE IS. To me and everyone else there, I have witness affidavits, soil testing was complete and no changes could be made. The contract even states closing 30 days or before and they kept stalling me and didn’t give me the new plat with easement 33 days after the auction, then said lets close tomorrow.

    As you can imagine this made me made. In this case life savings mad. They still hold over 15K of my deposit paid the day of auction and I’m into a lawyer for another 10K with the number going up and if I lose I have to pay their lawyer fees like they will mine if they lose, per our sales contract. We had been searching for the property for years and it would have helped my business substantially, so we decided to fight. WE have summary hearing this Friday where they are trying to get it thrown out of court, my lawyers says they won’t, but you never know.

    This has been hard on my marriage, family and business and if we win all we get is what we were promised almost a year ago. IF it goes against us we lose everything. So I almost laugh when I hear mad people talking about suing, because it will take over a year and well over 10k to get it just to trial, with a lawyer. The days of judges and juries awarding millions for spilled cups of coffee burns are gone. Your best bet it seems most of the time is small claims pleading the case yourself. You can be awarded 15k-25k depending on the county and you don’t risk tens of thousands.

    So yes I was life savings Mad this time.

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