We Won!!!

[Vera 7]

We bought our house that closed escrow on 12-21-01. On the TDS(Transfer Disclosure Statement) and the MLS(Multiple Listing Service) it was disclosed that we were on sewer. 6 months later we found out the hard way that we had a septic tank ...a bunch a sh*t floating around in our side/back yard. We were informed by the health dept. to get hook up to sewer cause we're on a lake, have a creek running through our land, and we didn't have enough land(1/2 acre) to put in a new leach field that had failed. Meanwhile, we contacted the realtor, Century 21, and asked what they knew...they never called back.

In 4 years we have hired a lawyer, went through 3 mediations and 2 depositions.

We were in a jury trial 11 working days with real-estate appraisers, the healthboard, forensic writing experts, plumbers and a civil engineer. All verdicts came in our favor. Century 21 was charged with failure to hold the utmost care as a fiduciary to the sellers and (dual agents) to the buyers, us. Century 21 was to blame 100% thus had to pay our attorney fees (200K) and the sellers attorney fees.

We are approved with the city and county to hook up to sewer which will cost: 24K in permits/hook-up fees and 30K to have it installed. There was additional compensation awarded for future maintenance or problems totaling 83K. We did not get punitive damages, could not prove there was intentional fraud, that's OK.

I have learned so much in the last 3 weeks. Read your contracts and get all your inspections, even if they're not required.

We WON! :banana :banana :banana :banana :banana :banana :banana

[La_madam 20]

Way to go Vera, Fantastic News!

I'm happy for you and glad it is all behind you now

[Penni60 45]

The old adage really does apply here. "Shit floats to the surface every time." So happy for you guys. I am wondering when the party will be. Let me see, hmmm,... I am booked up through next week. How about week after? LOL!!!!

HUGS!!!!!!!!!!!!!!

[Mita 2]

congrats to you ....

[coyotegirl 3]

Congratulations Vera!!!!!!!!!!!!

[dylansmom 27]

Congratulations! That's awesome!!!

[Banded14yr 2]

Congratulations Vera! Things are really looking better for you these days! A new band WITH restriction, and now you fought the big dogs and WON! Fantastic news!!

[Iluvharleys 15]

Whoooo Hooooo! I'll bet that is a load off your back! Congrats to you!

[DeLarla 22]

Finally, someone talks about stuff I understand considering I work for a construction defect firm and have my real estate license. WOO HOO, girl! I hate when cases have to go all the way to trial. It's such a waste of money. The amount in attorneys' fees alone could have paid the repairs. That should teach C-21 from messing with you!

Congrads on getting rid of the headache of the century!

[Alexandra 55]

Congratulations, Vera!! I'm sure it feels absolutely fabulous knowing you stuck to your guns and were right all the way. Too bad it took sooooooooo long to resolve, but you're the winners!! :)

[cadydid 0]

Vera,

I can't wait till we get together so we can really Celebrate. I know this is such a relief to you to FINALLY have this over with. CONGRATS

Carol

[shamrock 0]

That is fantastic news. I am sorry though that you had to go through so much trouble and stress in the mean time. It is so nice to hear some one has good news!

[Vera 7]

Thank You.

I am wondering when the party will be.

We had bought some champane, forgetting about my band...I almost spewed. Penni, the ground breaking party will start May 16, bring your shovel.

and now you fought the big dogs and WON! Fantastic news!!

Tricia, Your right! It was such a dog fight.

I hate when cases have to go all the way to trial. It's such a waste of money.

Big waste of money! 3 days before trial we had a manitory settlement conference, after 3 years of fighting, C21 offered us 75K without attorney fees. I was livid! The jury could never hear about this or all the medations we went through to get this resolved.

I know this is such a relief to you to FINALLY have this over with.

Carol, I'm sorry I put you off a few times, thanks for understanding all the stress...Have a good trip and see you when you get back!

Hey Alex, howd you know I have guns?

[vinesqueen 2]

Very cool Vera!

[babsyintx 0]

Hi Vera,

Wow! Congratulations! THe long drawn out processes on these suits can really wear ya down! I didnt have a real estate case, but my car accident case lasted several years and was finally settled late 03. IT wore me down. They could have settled for less, but decided to drag it out indefinitely, hoping I would back down for some measly paltry sum that didnt even cover my medical expenses.

You can be sure that Century 21 insurance co had the money in escrow earning interest hedging that you might settle for less. They were earning interest on it, doubling and tripling the principal (their insurance co) so they dont have anything to lose and its one of the reasons insurance companies dont settle quickly. And as far as Century 21 is concerned, they have insurance, pay premiums and just let the lawyers hash things out. THe lawyers do the best on these deals and you get the headaches and heartache.

BUT YOU PREVAILED!!!!! YEAH FOR VERA!

This is a major victory!!! Have a margarita and skip the champagne this time!!!!

Babs in TX