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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2249
Experience:  Experience in residential real estate and commercial leases.
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I am the plaintiff in a Real estate legal case, suing 3 parties:

Customer Question

I am the plaintiff in a Real estate legal case, suing 3 parties: 1) My real estate agent 2) the Sellers Agent 3) the Sellers. I bought my home and 2 years later I decided to sell it. I invited my agent over to assess the home. At that meeting he immediately walked into the rear living room and informed me that we could not account this room in the sale and disclose it was an unpermitted addition. I was in awe because I did not recall this. Two days later a large storm came through and in that exact room the roof caved in and water flowed heavily in through the sliding glass door flooding that room. I then started researching all my home sale docs to find that it was never disclosed to me.
I researched all documents and this was not communicated to me when I purchased the home. There is no mention that this
The SPDS by the sellers blatantly lied at the question" did you add any rooms". The sellers, themselves, added this additional living room. I have proof that my RE Agent was aware in an email he states " I remember knowing". He also never reviewed in any documents at signing through the process of buying the home . I was a new home buyer and this was my first home. The Sellers agent had This unpermitted room listed on an MLS two years prior, then removed it on the MLS I saw. The Sellers also informed courts that they told their RE Agent. It has been 18 months into the case and we have barely moved an inch. My attorney had always advised me to go after the Realtors since their insurance will pay the money. The sellers of the home claim they have no money.
I am a hard working mom, with a husband whom lost his job last year and we have been struggling to make ends meet. I have paid my attorney about $18K ---by taking all of my money out of 401K, selling a car, depleting my savings, depleting my husbands 401K, and using 6 credit cards to max out that I cannot even pay now. I did this because my Attorney assured me we had a strong, solid case. We had mediation 3 months ago. The mediator was completely unprepared and had no knowledge of our claims, expert testimonys, proof. Four hours later after asking to settle for $5K the mediation concluded with the Insurance agents stating that they did not have some of the documents my attorney was presenting. Months past after this , however, I received document after document from my attorney without any explanation. I did not even know what I was reading or what he was doing. I found some documents from the Agents Lawyers that state my attorney has not presented any'genuine disputes" and has not 'responded in a timely manner". I raised concern with this to my attorney. I continued to receive documents which now I know were discovery and deposition papers to all parties. He never discussed this phase. I thought we were going to set up another mediation. My invoice climbed up to $13K due to all this paperwork and the hours he input. He wrote me seeking payment or to discuss monthly payments or to settle immediately for a very low amount. My response was not to settle for that amount and made a counter offer. I asked for monthly payments until we settle. A few days later he informed me he could not work for free and would be sending a letter to the judge to be removed from our case. The trial is set for July--in just three months.
I do not know what to do. I have exhausted all my money and resources. I have two kids that I had a good amount of money saved and now nothing--including to a huge debt in which I will have to file bankruptcy. What am I to do?? I could seek new counsel but I don't even have money to pay them. What about requesting that the judge meet personally with myself and my attorney?/ CAn I do this?? Can I write the judge a letter?? Please help!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year 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.I am sorry you are dealing with this situation and can understand your concerns. If a trial has been set an attorney can only withdraw by written consent of client or by approval by the court. When a client does not consent to withdraw the attorney must file a motion to withdraw and provide the client the opportunity to object to the withdraw. Within 10 days of notice of the motion the client may object and the matter will be set for a hearing in which the judge will hear from the client and attorney as to why the attorney should not be able to withdraw. You can not talk to the judge directly about this until the hearing. You should communicate to your lawyer that you do not consent to his withdraw and therefore he must seek court approval by filing a motion to withdraw in which you will receive written notice of and have 10 days to object to his withdraw.In addition, you can contact the Arizona Bar Association Attorney Consumer Assistance Program to see if a resolution between your lawyer and you can be worked out: my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (3 stars or more). I thank you in advance for taking the time to provide me a positive rating!
Expert:  J. Warren replied 1 year ago.
Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).