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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Was ordered to mediate my civil case involving

Customer Question

Was ordered to mediate my civil case involving neighbor's property encroaching upon mine. Defendant (neighbor) decided she changed her mind.....had to get court involved to enforce...in the meantime I lost my benefit...it is a relo.. for my company to
buy-out my home because they demanded a signed easement by Sept 1 of this year. We mediated to a signed agreement August 24 of this year. But with her refusing to obtain the legal easement I lost the sell of my home. My attorney states you can not claim this
as damages because it was mediation. What do I need to do to get damages for what she has done?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.

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Answer will follow in the pane below as per above parameters….

1. What were the terms of the signed settlement agreement? Did the court ever sign a judgment on the terms of the agreement?

2. Defendant (neighbor) decided she changed her mind.....had to get court involved to enforce...in the meantime I lost my benefit...it is a relo..

Can you please tell us more what this means so we can better understand what happened? Changed her mind about what? Had to get court involved to enforce what? What is the status of the case now? What is a relo?

Customer: replied 1 year ago.
My husband was transferred to Charlotte from Indiana. As part of the relocation benefits, if our house did not sell within 90 days, the relocation company would buy it at a reduced rate. This law suit we have against our neighbor is a year old. Our neighbor was the seller's agent for the home in Indiana and did not reveal her property ( which has a deteriorating retaining wall 8Ft by 80 ft) encroached upon our Indiana home......long story short she agreed to purchase easement from us and to be responsible for the integrity of the retaining wall and driveway that adjoins our property. Encroachment is 10 ft.. We got the court involved to enforce the mediated agreement. The attorney conference is Dec 8
Customer: replied 1 year ago.
the Judge did sign off on the mediated agreement
Expert:  Maverick replied 1 year ago.

1. When you say that the judge signed off on the MA, do you mean that he entered a court order / judgment saying that she owed you XYZ dollars for the easement?

2. WHen you say you got the court involved to enforce the MA, what has the court done so far? Did it issue a contempt order with fines or threaten her with jail time for violating the court order?

3. What is the nature of your damages? How can they be calculated?

Customer: replied 1 year ago.
Replied yesterday to your questions....... Again the MA was signed and put to order. Our damages are loss of house since our relocation company refused to purchase the home as agreed due to no signed easement in place as defendant was ordered to do...according to my Atty only damages we can ask for are mediation fee and attorney fees
Customer: replied 1 year ago.
The court has done nothing so far Atty conference is today. It has been four months since mediation
Customer: replied 1 year ago.
I would like a refund please......have waited way to long on this
Expert:  Maverick replied 1 year ago.

See history above, there is no log of reply to my questions as of yesterday. In any case, I have asked JA to issue you a refund as per your request.

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