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Joined: 09/29/2013 Posts: 2160
Likes: 1067

Not worth the headache

A good result would be splitting it with them. For 4-5K, I'm just not subjecting myself to legal process.

Maybe you have a good case, maybe not. Your version of the facts seems compelling, but that's all we've read. Maybe the seller's version would seem plausible -- the burden of proof is on you. Good luck proving the RE agent knew anything. My first question would be whether your home inspection noted the presence of pex pipes, as that would probably nuke your claim.

If you want to make the principled decision to sue...

1. Definitely go to small claims court. It is faster and cheaper than other courts and built for folks who are not represented. (And you should definitely not pay a lawyer to help you win 4-5K.)

2. Name as many defendants as you can. The seller, seller's agent individually, seller's agent's agency, the national home office of that agency (if it's a national brand), your agent individually, your agent's agency, your agent's national home office, your home inspector individually, your home inspector's company, your home inspector's national home office (if it's a national brand).

3. The key here is suing the national home offices. They are obviously irrelevant to your case, and you'll need to make some BS up in your complaint. But you want some defendants that will think financially, not emotionally. Most large companies that do not get sued in small claims court very often, when they see a small claims matter, they realize that it would cost more to fight it than the maximum amount they might lose. Decent chance they call to settle. Decent chance they don't show up at all (in which case you win).

(In response to this post by Pilot Hoo)

Posted: 10/13/2021 at 5:14PM


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Current Thread:
Legal/real estate advice -- Pilot Hoo 10/13/2021 2:07PM
  How does an inspector catch this? -- Zhoo 10/14/2021 3:46PM
  Nope ** -- Pilot Hoo 10/14/2021 3:27PM
  Not worth the headache -- 4thYear5th 10/13/2021 5:14PM
  There you go.......LOL ** -- Zhoo 10/14/2021 3:45PM
  Shocker right?! ** -- Pilot Hoo 10/14/2021 3:54PM
  And a resident herself ** -- Pilot Hoo 10/14/2021 3:28PM

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