LogFAQs > #914159759

Dynalo posted...

zebatov posted...

Man. The burden of proof is on them. You don't even need a lawyer for this one. Easy-peasy.

Depends on the issue. In cases like this, where the defendant will obviously just say "I didn't know", the level of proof required is convincing the judge that a reasonable person would have known about it. They don't need an admission from you or hard concrete proof, just enough to pass "beyond a reasonable doubt".

And on top of that, the odds of winning a counter-suit or getting your lawyer fees back are pretty slim as they often only award that when a lawsuit is either malicious or frivolous (i.e. they knew they had no case and were wasting everyone's time). People often have this false illusion that if they win the court case they automatically get the other person to pay for their legal fees.

So basically, assuming this topic is true, he's pretty much fucked and should probably take settlement as he's not guaranteed to win the lawsuit, and even if he does it could potentially cost him even more in fees.

That's basically what I'm hearing from the attorneys I've met with last week. Well two of them, one thinks I can beat it and reclaim his fees but it will take years (up to three).

The ball was dropped on all sides here. My realtor should have known (I believe he did and didn't disclose), her realtor should have known, it should have came up when the inspectors pulled the info from the city, it definitely should have came up when the appraiser pulled the info from the city, and the title company never should have allowed a transfer with a septic tank unless a full inspection was done (it wasn't).

I feel like I'm only named in the suit because I have to be.
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A.K. 2/14/10 T.C.P.
Victorious Champion of the 1st Annual POTd Hunger Games and the POTd Battle Royale Season 3