Litigation Legal Questions

The as-is clause does not preclude suit, as the seller has to disclose any facts or conditions they know about that materially affect the value of the property. Typically, a seller is not required to disclose obvious defects such as a hole in a wall, but is required to disclose hidden or "latent" defects of which they are aware and which a reasonable inspection would not reveal.  The biggest problem with these cases is proving knowledge of the seller, although it seems like that may not be a problem in your case. From your posted question, I can not determine what "all repairs" means or when they occured. Any attorney you contact will need to know when the purchase occured, when you discovered the problem, to see the purchase contract, inspection report and documentation relating to any repairs you have made. They may also want to see your homeowners insurance to see if there is a possible claim under that insurance. Lastly, what is it that you are seeking- monetary damages, to get out of the contract or something else? In terms of a lawyer, you should contact a construction law attorney.   Good luck, Michael R. Morris... Read More

Call the personal injury lawyer that handled the case. Generally, any settlement of $5,000 or less must still be escrowed in a safe trust account and turned over to the child when they turn 18. If  more than $5,000, at least under Wisconsin law, you have to go to court and seek approvel of the minor settlement, with the money kept in an trust or escrow account again, for the well being of the child and only turned over to the child when they turn 18. How did your parents get their hands on your money if it was to have been escrowed for you?... Read More

From your email, it is difficult to tell whether you are looking for help with an appeal from a case that is going to trial, are looking for help with a pending matter, or need the assistance of a malpractice attorney. If you could provide more details, it would be possible to answer your question in a more meaningful manner.   Good luck.... Read More

You mean on the ring BOTH of you bought? since she is on the same credit card and owes equally? This is a classic co-mingled debt issue with unmarried people. You will need to sort this out between you or take her to court to have a a judge address it. In the mean time make sure you dont miss your payments.... Read More

When you signed the lease agreement, then you are liable for the lease payments for the length of the lease, even if you move out and your roommate stays on. You need to contact the landlord and work with it in terminating the lease and making payments for your share of the lease and damages.... Read More

Assuming that this statement is false, and your former employer knew or should have known that it was false when he made it, yes.  The type of defamation you are talking about impugns your reputation in your employment and therefore in most states (I don't know about South Carolina) would be actionable as slander per se even absent any damages.  Even if South Carolina requires you to prove damages on such a claim, you would still have a suit to enjoin your former boss from making the statement in the future, and may be able to get the court to order that he admit that the statement was false to the people he said it to.... Read More

When you say being sued by a futures broker, do you mean that an NASD arbitration has been commenced against you?  If so, it sounds like you should look for a litigator who has experience in NASD arbitrations; if not, just a litigator with experience in securities law cases.  As to whether you can countersue the broker, do you have any basis to claim that the broker owes you money?  If so, you can countersue (although you may, depending on the nature of the claim and the provisions of your contract with the broker, have to assert your claim or claims in a separate proceeding); if not, but you simply contend that you don't owe the broker money, tha tis not a counterclaim, but merely a defense.... Read More

Not gonna happen in any time soon to be candid. You made a foolish decision placing such a valuable item on consignment without better vetting and protecting yourself. You will likely need to hire a lawyer to sue the person, get a judgment if you win and try to get a replevin for return of the stole or money damages to try to collect. You will likely spend a good deal of money in such an effort due to the circumstances. You can also try to make a home owners claim if the stole is covered. ... Read More

The husband paid for some repairs on the wife's car, thus paying consideration for the assignment of the property damage claim.  Unless Florida has some required formalities for assignments that were not met (e.g. perhaps they have to be in writing, perhsps witnessed and/or notarized), it seems like a valid assignment to me.... Read More