Why is everyone so Sue-Happy? When did our society turn into a society where you can sue someone just because you're unhappy with something? I think it started with the hot coffee spilling in the lap and the massive reward outcome that came with it. Since then, it's lawsuit after lawsuit.
This blog is inspired by all the Q&A questions with people asking if they can sue the Seller for this and can they sue the Seller for that and can they also sue the Inspector for this and that.
We all know that with home ownership, comes responsibility... at least every home owner should understand that. With home ownership, comes maintenance. When something goes wrong, you fix it. You don't search for someone to blame so you can sue them because something went wrong under your ownership.
Take a car for example. You have this trusty car or weeks, months, or even years. It's always been good to you and runs just fine. Then, one morning you wake up, and the car doesn't start. What's wrong? Hmmm, I know, why don't you sue the manufacturer for your car not starting. They must have known it was going to not start one day. While you're at it, why don't you sue the car dealership where you bought it because they must have been in cahoots with the manufacturer to sell you such a bad car.
Sounds ridiculous, doesn't it?
Now, you've been in a house for a few months and the AC goes bad. You're in the house a few weeks and the plumbing gets backed up and you need to snake it out... You assume that Seller must have known it was going to go bad so you want to sue the Seller. You had a home inspection done so you decide to sue the Inspector too. YOU CAN'T DO THIS!! (Well, you can, but you're not going to win.)
You say, "But the seller didn't disclose the condition of the AC on the disclosure notice." "But the Seller didn't disclose the plumbing issue on the disclosure notice."
THERE IS NO ISSUE TO DISCLOSE IF THE SELLER DIDN'T KNOW ABOUT IT!! Just like with the car example above, sometimes things just happen. My AC went out last summer. We called to get it serviced. The garage door opener stopped working, we got a new gear. The shower stopped giving us hot water, so we got a new valve... do you get the idea?? If it's broke, fix it! Don't just call your local attorney and think you can sue everyone.
Remember, you will hold the burden of proof. If you can't prove that the seller knew anything, you have no case (I'm not an attorney, but without proof, I highly doubt any attorney will take the case). If you can prove that the seller knew something and did nothing about it, and then also didn't disclose it, that's a completely different thing... but for that to happen, is unlikely. For example, back to the AC example. Say the AC was not working properly when the Sellers owned it and they called someone out to fix it. They didn't like the price, so they decided not to get it fixed, and they also didn't disclose anything wrong on the disclosure notice. For you as the new home owner to get proof, you will need to have called the exact same AC company and them say something like, "Oh yes, we were at that house such and such time ago and we told them that the AC needed a new thingamabobber. They opted not to spend the money so we didn't fix it." NOW you have proof that the sellers knew something that they didn't disclose.
Just because something happens the week you move in or very shortly after, does not give you the right to sue someone without proof. The burden is on you, and you need to look into all your options before you file a frivolous lawsuit because people also sue others for frivolous lawsuits being filed against them...
Remember, I work all of North Dallas County and Collin County including Richardson, Plano, Allen, Frisco, Carrollton, Garland, Rowlett, McKinney, etc... my car will take us anywhere you need to go!!
ARE YOU PACKED YET?!