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Legal question

Can any of the legal nesties give me some advice.

We've been getting letters from a law firm re a law suit against our home builder for months now. I'd been tossing them since we had no issues with our house. Well now our bathroom is being ripped apart since we found mold. Our home insurance is covering it, but we still have a $2K deductible. I recieved another letter the other day, and this time I read it, I guess one of the issues is a leaking shower causing mold and floor damage, which is what we have. So I thought about joining in. However, then the yesterday I got another letter from a different law firm with another law suit. So now I am confused, could this be a scam? I tried to do a google search and found nothing. The contract with the first law firm says I pay nothing unless they win and they get 33%. But now I am sure about joining.

I did call out the builders and they took a look, and said it was not covered by the warranty. So I feel like if there are other h/o with the same issue, then they should be responsible for the damage and costs.

Any advice how I can research the claim and/or law firm to make sure this is legit before signing anything.

TIA

Re: Legal question

  • I'm so sorry to hear about all the builder problems.  Have you talked to any of your neighbor-owners?  My DH has recently googled and research some atty, maybe he has some tips for you.  email me at md1cortez@aol.com
  • DH is a construction defect lawyer and I am in my last week of law school (which totally means nothing Big Smile) - looks like some of the homeowners have intiated a class action law suit, and they may be using different firms. Ex. Some homeowners may be using one firm while other homeowners are using another.

    It's totally standard practice that construction defect lawyers take their fees by contingency - which is where the 33% comes in (which is also standard). You don't pay them unless you win - and if you win they get 33% of the judgment + fees/cost depending on the retainer agreement.

    Talk to your neighbors and see what firm they are using - I am sure that you could also go in for a free consultation with the attorneys that are advertising.

    If you become a party to the suit all your damages could be fixed for free - downside is that both sides may want to inspect your home. But if you are already tearing things up it shouldn't be a problem - just make sure you keep all your receipts/documentation so you can show the lawyer if you decide that you want to be reimbursed. Downside again is that if you fix the problem before it can be inspected you may not be able to get reimbursed (these are good questions for your lawyer though).

    www.calbar.org allows you to research an attorney - see if they were disciplined/where they are located/where they went to school.

    Good luck :)

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  • Sarah - you (&DH) Rock!!!
  • Thanks for the info and clearing things up for me :)
  • Hey Fenella - I grew up in Palmdale and my parents still live out there!
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