I spoke to 13 attorney's, NONE would take it. So I am on my own.
The reason they all cited was the fact that if either party appeals the case starts again in County Court. So whatever time they put forth they have to do it all over again. They all stated I (the attorney) am wasting my time. So, they would not take the matter.
When you say I have a low chance of winning. The motion that was put forth from the seller's attorney did not state any case law by which I would not have a factual case. I will paraphrase his Motion and please comment. (He attached evidence to support the sales contract, inspection report and disclosure notice)
1. Plaintiff files suit almost 1 year after owning the house and now states there are multiple items in need of repair.
2. I inspected the home 3 times and I was represented by my own realtor.
3. Before closing the seller's realtor mailed my realtor a disclosure and a pre-inspection report.
4. I bought the property "AS IS".
5. I inspected the home after I signed the sales contract.
6. I did not cancel the sales contract.
7. I lived in the house for nearly 1 year than filed suit.
8. I cannot maintain my suit as there are no material facts supporting it, no points of law or treatise.I responded with:
1. I was on an out of state assignment and I filed suit 2 months after I returned.
2. I viewed the house as I am not a home inspector.
3. I received the sellers disclosure, I never received the pre-inspection report.
In the Seller's Disclosure Section 7, "..did seller received an inspection report within the last 4 years..." Seller has check NO. Picture of standing water and erosion, seller has checked no drainage
issue. Termites, seller has checked no termites. Picture of kitchen cabinets busted in 2 places, seller has checked nothing in need of repair. Picture of black mold, seller has checked no water damage. Inspection report dated 2 days before the sellers disclosure date and signed by the seller.
4. As we both know, AS IS, means AS IS DISCLOSED. The Disclosure Notice is Item A of Section 7, As Is item D of section 7.
5. Again I viewed the house twice, I did not inspect the house as I am not a licensed house inspector.
6. If I suspected nothing, why would I cancel the sales contract. The sellers disclosure stated everything was fine.
7. Again, I filed suit 2 months after I returned from my out of state assignment and discovered all the issues that had not been reported on the sellers disclosure.
8. I included see Koral Industries v. Security-Connecticut Life Ins., 802 S.W.2d 650, 651 (Tex.1990), , See Camden Mach. & Tool, 870 S.W.2d at 311; Henry S. Miller Co. v. Bynum, 797 S.W.2d 51, 55 (Tex.App.—Houston [1st Dist.] 1990), aff'd, 836 S.W.2d 160 (Tex.1992).
You are not allowed to state within your disclosure everything is fine if you have evidence or knowledge of an issue, or if an inspection report states there is an issue and you do not say so on your disclosure.
And ...reasonable inference and resolve any doubts in the nonmovant’s favor. Dorsett, 164 S.W.3d at 661; Knott, 128 S.W.3d at 215; Sci. Spectrum, Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex. 1997).