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monicamacatubal · Aug 26th, 2009, 02:08 AM

so we got a settlement offer because the home that we bought had alot of defects. The lawyers mailed us the offer;
$10,600 from the builders, contracters, etc.
MINUS
$3,700 legal fees
AND
3,700 expert fees
so we are left with the remainder!!!
I have called and asked them to send us a report that states what is exactly wrong with our home but they will not send it to us. They want us to sign right away.
My questions are:
could we negioate the amount?
If we were not to sign then this lawyer will not get paid right?
there are 6 other homeowners and almost all have signed, they are waiting on us and 2 other neighbors.

Allisonfaye · Aug 26th, 2009, 07:38 AM

So is this a class action suit?

Vegas Long Legs · Aug 26th, 2009, 07:44 AM

Originally Posted by monicamacatubal

I have called and asked them to send us a report that states what is exactly wrong with our home but they will not send it to us. They want us to sign right away.

Of course they want you to sign away your rights. Then they aren't responsible.

How can YOUR lawyer be OK with not getting a report of what is wrong with your house. That sucks! I would take them not giving you a report as a bad sign for your property. Chances are what you are getting paid isn't going to pay for fixing the problems.

If he's working for part of the settlement, he's not paid till your settle.

So you need a lawyer to protect you from your lawyer? What do the other parties say?

cupcake · Aug 26th, 2009, 09:48 AM

Originally Posted by monicamacatubal

so we got a settlement offer because the home that we bought had alot of defects. The lawyers mailed us the offer;
$10,600 from the builders, contracters, etc.
MINUS
$3,700 legal fees
AND
3,700 expert fees
so we are left with the remainder!!!
I have called and asked them to send us a report that states what is exactly wrong with our home but they will not send it to us. They want us to sign right away.
My questions are:
could we negioate the amount?
If we were not to sign then this lawyer will not get paid right?
there are 6 other homeowners and almost all have signed, they are waiting on us and 2 other neighbors.

Is this your lawyer, the lawyer for the other side, or a group lawyer for all of the homeowners? Have you retained your own lawyer to represent your interests? I suspect that these claims haven't escalated far enough yet to get to a lawsuit or class action suit, and that the lawyer(s) are trying to negotiate a settlement to prevent any lawsuits in the future. If you haven't retained an attorney, you at least need to have one look at the proposed settlement to make sure it is in your best interests. And, don't sign anything without either you or an attorney on your behalf seeing that report.

I am confused because it sounds like there is one amount being offered by the builder/contractor that is being split between all seven homeowners. Is that right? If so, does each homeowner receive the same amount or does the amount coincide with the level of the defects?

You need your own attorney if you don't already have one. And, if you do have one, you may want another opinion because your attorney shouldn't allow you to agree/disagree with a settlement without a report of the defects. Otherwise, how do you know that you are being adequately compensated?

Litigatrix · Aug 26th, 2009, 09:57 AM

You really need to retain your own lawyer. You should be able to find one to work on contingency.

LeeMiller · Aug 26th, 2009, 02:03 PM

^^
I second that.

monicamacatubal · Aug 26th, 2009, 02:24 PM

it was a classaction lawsuit. There are about 10 homeowners participating.
ABout 8 months ago we received a letter asking if there is anything wrong with our homes, etc. EVERY homeowner got one.
We responded YES and now they are waiting for our signed forms. BUT I am still waiting to see the report of what is wrong with our house.
When I told them the fees seem really high (we are only getting $3100 out of $10600) they basically said be happy with what you got in this economy.
I wanted to see if anybody has any experience with this type of stuff. thank you for all the replies!!

cupcake · Aug 26th, 2009, 02:39 PM

Originally Posted by monicamacatubal

it was a classaction lawsuit. There are about 10 homeowners participating.
ABout 8 months ago we received a letter asking if there is anything wrong with our homes, etc. EVERY homeowner got one.
We responded YES and now they are waiting for our signed forms. BUT I am still waiting to see the report of what is wrong with our house.
When I told them the fees seem really high (we are only getting $3100 out of $10600) they basically said be happy with what you got in this economy.
I wanted to see if anybody has any experience with this type of stuff. thank you for all the replies!!

Contact an attorney. But, if you already opted in to the class, you may not have many options at this point. An attorney will be able to look over your documentation and advise you.

Vegas Long Legs · Aug 26th, 2009, 03:01 PM

[QUOTE=monicamacatubal;12227860]When I told them the fees seem really high (we are only getting $3100 out of $10600) they basically said be happy with what you got in this economy.
QUOTE]
Oh brother

Why don't they take less & practice what they preach. lol

Not much you can do about the lawyer fees but did you ask for a billing breakdown on their expert witness?

juneping · Aug 26th, 2009, 10:25 PM

Originally Posted by monicamacatubal

it was a classaction lawsuit. There are about 10 homeowners participating.
ABout 8 months ago we received a letter asking if there is anything wrong with our homes, etc. EVERY homeowner got one.
We responded YES and now they are waiting for our signed forms. BUT I am still waiting to see the report of what is wrong with our house.
When I told them the fees seem really high (we are only getting $3100 out of $10600) they basically said be happy with what you got in this economy.
I wanted to see if anybody has any experience with this type of stuff. thank you for all the replies!!

i am an architect...so i am going to give my 2 cents. this number seem TOO low. even an interior job cost at least 50K to do so. now considering a home and the issue is way deeper than anything cosmetic which means more money involved. consider the word "defect" or defective.
yes economy affects the construction cost but it should not be that different bc most money goes to labor (more than 50%). so...something is not right here.
don't sign yet. there are property/realty lawyers...consult one. i honestly think you are getting way too low. you can't do nothing with 3100. if 10 of you...you guys can def afford an attorney to represent all of you. if they are too cheap to hire one...hire one yourself...at least consult one. 100 consultation fee will be worth it. ask around for a good lawyer.
GL!!

DiorDeVille · Aug 27th, 2009, 12:09 PM

Is this the first offer? I don't know how much say you have in a class action suit, but yes, in regular settlement offers, they expect you to negotiate. Typically they will lowball their first 2-3 offers at least. I've seen them start at about 10% of what the other side is asking, and about 30% of what they are expecting to pay. (But I don't do much with class actions or house repairs, so this might not be 100% applicable to your suit.) I wouldn't be afraid to ask for exactly the amount you need (based on the high end of your estimates) and stick to it until you get an offer that's the amount you can work with.

A 30% lawyer fee is relatively standard and it sounds like that's what your attorney is taking. However, most class actions are filed because of their profitability to the lawyers involved, so in this case, it's likely that your financial interests and their financial interests are not completely aligned.

Litigatrix · Aug 27th, 2009, 12:12 PM

I would be a little surprised if a class had actually been certified in this case, but this is just one more reason that OP desperately needs to obtain her own lawyer.

lorihmatthews · Aug 27th, 2009, 02:11 PM

How are you supposed to understand what needs repairs if you don't see the report? You have no idea if the settlement will cover the repairs otherwise. Don't sign until you see that report!

monicamacatubal · Aug 30th, 2009, 03:07 AM

thank YOU ALL ladies! I explained that I am not signing until I see a detailed report and the lawyer was getting a little heated and worried that I was not going to sign. Soooooooooo she emailed me and said she will have a different number next week!
I have never done this type of thing before and if was not for your advice, I would have signed! thank you!!

lorihmatthews · Aug 30th, 2009, 07:34 PM

Great job Monica! Have you already made repairs to the house that were needed?

I'm really anxious to hear what is in that report. Remember there's a reason why they're not being forthcoming about showing it to you in the first place!

Aug 26th, 2009, 02:08 AM	#1
monicamacatubal OP Member Joined: Jun 2006 Posts: 595	settlement offer from lawyer- any lawyers here??!! so we got a settlement offer because the home that we bought had alot of defects. The lawyers mailed us the offer; $10,600 from the builders, contracters, etc. MINUS $3,700 legal fees AND 3,700 expert fees so we are left with the remainder!!! I have called and asked them to send us a report that states what is exactly wrong with our home but they will not send it to us. They want us to sign right away. My questions are: could we negioate the amount? If we were not to sign then this lawyer will not get paid right? there are 6 other homeowners and almost all have signed, they are waiting on us and 2 other neighbors.
monicamacatubal OP Member Joined: Jun 2006 Posts: 595

Aug 26th, 2009, 07:38 AM	#2
Allisonfaye Member Joined: Oct 2006 Posts: 6,828	So is this a class action suit?
Allisonfaye Member Joined: Oct 2006 Posts: 6,828

Aug 26th, 2009, 09:57 AM	#5
Litigatrix ♥ Joined: Nov 2006 Location: DC Posts: 7,264	You really need to retain your own lawyer. You should be able to find one to work on contingency.
Litigatrix ♥ Joined: Nov 2006 Location: DC Posts: 7,264	__________________ PLEASE do not PM me for authentications. My Collection: http://forum.purseblog.com/your-bag-showcase/litigatrixs-im-modest-collection-144948.html Also, check out the Authentic Spy Picture Reference & Drool! Yay! http://pics.livejournal.com/fendi_spy_list/

Aug 26th, 2009, 02:03 PM	#6
LeeMiller Member Joined: Jun 2007 Posts: 3,590	^^ I second that.
LeeMiller Member Joined: Jun 2007 Posts: 3,590	__________________

Aug 26th, 2009, 02:24 PM	#7
monicamacatubal OP Member Joined: Jun 2006 Posts: 595	it was a classaction lawsuit. There are about 10 homeowners participating. ABout 8 months ago we received a letter asking if there is anything wrong with our homes, etc. EVERY homeowner got one. We responded YES and now they are waiting for our signed forms. BUT I am still waiting to see the report of what is wrong with our house. When I told them the fees seem really high (we are only getting $3100 out of $10600) they basically said be happy with what you got in this economy. I wanted to see if anybody has any experience with this type of stuff. thank you for all the replies!!
monicamacatubal OP Member Joined: Jun 2006 Posts: 595

Aug 26th, 2009, 03:01 PM	#9
Vegas Long Legs In an Italian Villa Joined: Nov 2006 Location: Las Vegas Posts: 6,968	[QUOTE=monicamacatubal;12227860]When I told them the fees seem really high (we are only getting $3100 out of $10600) they basically said be happy with what you got in this economy. QUOTE] Oh brother Why don't they take less & practice what they preach. lol Not much you can do about the lawyer fees but did you ask for a billing breakdown on their expert witness?
	__________________ There are no realities in life, only a series of perceptions. Jane is an oil painting. Her & friends can be found at www.donaldrollerwilson.com

Aug 27th, 2009, 12:09 PM	#11
DiorDeVille Member Joined: Apr 2006 Location: U.S. Posts: 1,011	Is this the first offer? I don't know how much say you have in a class action suit, but yes, in regular settlement offers, they expect you to negotiate. Typically they will lowball their first 2-3 offers at least. I've seen them start at about 10% of what the other side is asking, and about 30% of what they are expecting to pay. (But I don't do much with class actions or house repairs, so this might not be 100% applicable to your suit.) I wouldn't be afraid to ask for exactly the amount you need (based on the high end of your estimates) and stick to it until you get an offer that's the amount you can work with. A 30% lawyer fee is relatively standard and it sounds like that's what your attorney is taking. However, most class actions are filed because of their profitability to the lawyers involved, so in this case, it's likely that your financial interests and their financial interests are not completely aligned.
	Last edited by DiorDeVille; Aug 27th, 2009 at 12:12 PM.

Aug 27th, 2009, 12:12 PM	#12
Litigatrix ♥ Joined: Nov 2006 Location: DC Posts: 7,264	I would be a little surprised if a class had actually been certified in this case, but this is just one more reason that OP desperately needs to obtain her own lawyer.
Litigatrix ♥ Joined: Nov 2006 Location: DC Posts: 7,264	__________________ PLEASE do not PM me for authentications. My Collection: http://forum.purseblog.com/your-bag-showcase/litigatrixs-im-modest-collection-144948.html Also, check out the Authentic Spy Picture Reference & Drool! Yay! http://pics.livejournal.com/fendi_spy_list/

Aug 27th, 2009, 02:11 PM	#13
lorihmatthews Wonderful Winter! Joined: Oct 2006 Location: San Francisco Posts: 12,268	How are you supposed to understand what needs repairs if you don't see the report? You have no idea if the settlement will cover the repairs otherwise. Don't sign until you see that report!

Aug 30th, 2009, 03:07 AM	#14
monicamacatubal OP Member Joined: Jun 2006 Posts: 595	thank YOU ALL ladies! I explained that I am not signing until I see a detailed report and the lawyer was getting a little heated and worried that I was not going to sign. Soooooooooo she emailed me and said she will have a different number next week! I have never done this type of thing before and if was not for your advice, I would have signed! thank you!!
monicamacatubal OP Member Joined: Jun 2006 Posts: 595

Aug 30th, 2009, 07:34 PM	#15
lorihmatthews Wonderful Winter! Joined: Oct 2006 Location: San Francisco Posts: 12,268	Great job Monica! Have you already made repairs to the house that were needed? I'm really anxious to hear what is in that report. Remember there's a reason why they're not being forthcoming about showing it to you in the first place!

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