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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110442
Experience:  Attorney experienced in commercial litigation.
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There, I have written a few times on the same case and

Customer Question

Hi there, I have written a few times on the same case and appreciate your help. TWO MESSAGE COMING. I wrote too long sorry!The Attorney I hired has been working on the case until today, as his motion to withdraw was approved by the Judge.
We did everything he asked since hiring him : Suing our real estate agent, the brokers agent, and the sellers.
As the quickest summary I can give:
2 years after I purchased the home we invited our Agent over to put it up for sale. IT was at that meeting that he informed
Us that the back living room was an added room ( originally a patio) that was enclosed and was not permitted. I was unaware of this until
This meeting. I reviewed all of my home docs—the sellers lied on the SPDS that no rooms were constructed or added on.
I emailed my Agent asking why I did not know about the unpermitted room at sale. His response in email “ I remember knowing”.
For the Sellers Agent: We found an original MLS about a year back stating this room was added and unpermitted. Then, that MLS was revised
To the one we saw and only one we saw in which she removed that statement.
Per my attorney, I hired a construction expert (actually 2) and had the City of Glendale Code Compliance team over to review the home and condition of this room. All verified the room was built not to code with many illegal items and would need to be torn down and rebuilt to code.
IN the deeper report by our construction expert witness: it was determined also that there is mold in the home from the issues in that room.
The big issues include: Water leaking through the roof ( tore an entire chunk out) and water heavily flooding into this room from the glass door when it rains. It was also found out that the back bedroom, AC, pool pump, entire outside patio covers, tiling, electrical were all added on and also not to code.My attorney urged us to go to trial. We had mediation in Dec 2015 which was a huge waste of time. My attorney and the mediator were completely unprepared. It was a HUGE bill for me and we got nowhere. My agents attorneys offered to settle for $5K which was absurd. To tear down that room and rebuild to code would cost $60+K. The Sellers agents offered the same. Neither one did we accept. The sellers continue to declare they have no money and have done nothing with the Case. They have not hired an attorney. My attorney urged us not to even go after them since they would just claim bankruptcy.
The inspection report on the sale of the home : It was advised by my Agent to use the previous person that almost bought the home inspection report. We did. It was an 8 page report and never mentioned a word on this added room. It only mentions the ‘possibility of a covered patio that may have been enclosed”. In reading that statement it is very vague and I always thought of the covered patios as the ones that were added on outside. These were added and overhang onto the neighbors yard. ( also not to code)
Submitted: 5 months ago.
Category: Consumer Protection Law
Customer: replied 5 months ago.
The Defense stated that I should have read the inspection report and the appraisal. The appraisal as well only mentions that there it looks like covered or enclosed patios were added. If it had stated something more concrete like “ rear patio was enclosed to make into a second living room”. Then it would have prompted me to further investigate. With the SPDS stating nothing was done on the home that is what I believed.
NO one reviewed any of my home documents at time of sale---not the SPDS, the inspection, the appraisals, the contract. It was all very rushed. I was a very first home buyer and only used guidance from my Agent.
Moving to today: I spent close to $16,000 on my attorney over 1.5 years on this case.
He knows I have two children, work very hard, and that I am not in a great financial state. I also had to put over $6K into the home
For repairs on the roof, And AC. The AC had a swamp cooler that was added by the Sellers and all the duct work had to be re done. The pool was turning green often and we found out the pool pump was the wrong pump on the home.
I sold my classic car I was saving for my daughter to pay my attorney.
I opened up Credit cards when I had not used them in YEARS.
My credit score was phenomenal and I had some money saved for the kids.
As of today—I am in huge credit card debt on attorney and witness fees, court costs.
I have hardly any money saved.
I am about to declare bankruptcy.AT the end of November my invoice with my attorney was $1600. From then to the end of March it was $13,000!! I made a $1200 payment
To him so now it is in the $11000 range. I pleaded with him to make a monthly payment arrangement as pre trial is set for July. He did not accept and filed motion to withdraw as counsel.I wrote you all—and got a great response to object to his motion to file. I filed the court letter with the judge and just found out today that my attorneys motion to withdraw was accepted. I had asked for a hearing with the judge and my attorney and did not even get a chance!I am broke, distraught, have medical issued with this case, have work related issues, and am not stuck in debt without an attorney with a July 15th pre trial. I don’t know what to do. Please help with some advice. The only options I see are:
1) Settling with all parties. I would need to find an attorney to help me I guess but hardly have any money to pay one.
2) Representing myself. My heart says not to give up. The defense are sharks and are very good. Im a little nervous to do this.Please give me the best advise as I am at wits end. I am just a regular, blue collar worker, mommy, and wanted to give my kids a nice home.
Thank you so much!!!!State/Country relating to question: Arizona
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
An attorney cannot withdraw at a time when withdrawal could cause material prejudice to their client's case, but an attorney is permitted to withdraw for non-payment of attorney's fees.
You can seek to obtain a new attorney or if you cannot afford one, then you need to call the state bar and ask if they have pro bono attorneys in your area who can assist and you can try legal aid as well.
If not, then settlement for $5000 is not really much given the damage you suffered. Also the agent who was representing you had a duty to disclose the information to you and that failure to disclose is a breach of fiduciary duty. It is also a violation of the laws and the real estate agent code of ethics and you can report them to the real estate commission as well.
If you are going to do this pro se, you need to consider making sure you have copies of the AZ rules of civil procedure and the AZ rules of evidence, so you can read them as you proceed. Also, go to the court library to ask the librarian for a copy of their form books so you can make copies of templates you will need for pleadings you will have to file.
At this stage this is really all you can do, since the court allowed the withdrawal for non-payment.

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