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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99981
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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This is for Ely: I am suing the seller of my house for

Customer Question

This is for Ely:
I am suing the seller of my house for undisclosed material defects in Justice Court.
I have requested a jury trial.
The seller is a licensed real estate professional. (She states this is the sales contract)
She did not sell the house, she had a colleague from the same agency as her realtor.
She had a pre-inspection report done. She sent this to my realtor, but I never got it. I have a Request for Documentation to the seller's Attorney to get this Inspection Report.
In the defendant's Answer he has stated "..the house is AS IS... was sent an inspection report... and now he suffers from buyers remorse..."
I am preparing for the trial as it will be in a few weeks.
I will show pictures of erosion (soil is 4 inches below the slab, covered by high grass when purchased), black mold under the sink, (covered by cleaning supplies left in the sink cabinet when I moved in), termites (fence was eaten through and in the eaves in the house), none of this was disclosed by the seller.Be the defendants attorney.
The interrogatories the defendant's attorney has asked for is:
1. Dates and who viewed the house
2. Why I did not get an inspection report.
3. Every home I ever owned.
4. When did my realtor give me the Disclosure and Inspection Report (I never got this).
5. List all damaged items, when you discovered them and how you discovered them.
6. How did the Defendant conceal in #5.
7. What are the costs estimates to repair in #5.
8. Identify all documents requested from the Defendant from myself or my realtor.
9. There were 2 others that visited the house, who were they and why.
10. Itemize all damages you are attempting to recover.How would you argue this on the side of the defendant?
I can answer the above (with no names) if this helps
Thanks
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Ely replied 1 month ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
How would I argue what, exactly? To object to the interrogatories?
Customer: replied 30 days ago.
When a house is bought, it is not bought, "AS IS", (single residential home) the law based on the Sellers Disclosure is, "AS IS DISCLOSED". Anything the Seller discloses to you and you accept those Disclosures, the house is then purchased as is. In fact the buyer signs the Sellers Disclosure affirming the buyer understands those items disclosed and then constitutes the house "as is". This you know.
So, when the house is found to have several items, material defects, which were not disclosed, (stated above) and the attorney for the seller asks the interrogatories (stated above) what premise, rule or law, is the attorney for the seller (your opinion) going to argue for the seller? (Pictures clearly indicate the material defects. And as stated above, the seller had a pre-inspection report done which I never received nor was it part of the sales contract. She has stated this inspection report was sent to my realtor. There is a clause in the sales contract that states, "...all notices from one party to the other must be in writing and are effective when mailed, emailed... to my realtor..." Yet, I never received this inspection report. I have a Request for Documentation which was denied, so I will not see the inspection report until trial. I have contacted my realtor and he is trying to see if he retained a copy of this inspection report.) How would you argue the case in favor of the seller?
How would you over come the pictures that show these material defects?
Thanks
Expert:  Ely replied 29 days ago.
Thank you.
Either side may ask discovery for pertinent information on the case. See Texas Rules of Civil Procedure 192.3 et seq:
"In general, a party may obtain discovery regarding any matter that is not
privileged and is relevant to the subject matter of the pending action, whether it relates to the
claim or defense of the party seeking discovery or the claim or defense of any other party.
It is not a ground for objection that the information sought will be inadmissible at trial if the
information sought appears reasonably calculated to lead to the discovery of admissible evidence."
Especially see 192.4 et seq about limitations as well.
So if they are asking something that is not pertinent, one can object, saying something akin to:
"Answer: Objection, request for interrogatory is outside the scope of discovery as defined by Texas Rules of Civil Procedure 192.3 et seq."
Then, it is up to them to challenge that objection with a Motion to Compel, and then the Court decides, if they do.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 29 days ago.
I agree with what you state, however, I am not too worried about the inspection report and that the judge denied my request for documentation. Since the inspection report was not part of the sales contract, merely sending the inspection report to my realtor does not constitute disclosure, or does it? (I do not think it does.)
What I am asking is based on the interrogatories above (which I believe the attorney will use for her defense) how would you argue this matter for the seller?
What I am trying to do is understand what are the potential pitfalls I should be aware of when I face him at trial?
In the seller's attorney's Answer, he stated the house was inspected 3 times, 2 by me, once by her (I have no idea who these other 2 inspectors were, the foundation was inspected, and that maybe what he states as inspectors) and the house is "AS IS".
So to argue from the seller's attorney's perspective, how would you argue the house was AS IS, or I knew of these defects before I bought the house or what might he say or state? (Understand I am pro se and he is an attorney.) I do not want to get blind sided by something and lose on some technical point or rule that I should have known about.Also, what is the legal definition of "AS IS" as it pertains to a residential sale contract? What law defines this?
Thanks
Expert:  Ely replied 29 days ago.
My apologies, but I have to step away. I am going to opt out and open this up for other experts so you can get a quicker answer.
Customer: replied 29 days ago.
Its ok with me if you need more time.
Thanks
Customer: replied 29 days ago.
Or let me know if you wish me to start a new thread and request you.

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