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I was sold a home by a woman who recently turned 80. Over…

Second opinion] Hello, I was...
Second opinion] Hello, I was sold a home by a woman who recently turned 80. Over the course of a few months I have found numerous serious nondisclosures of serious material defects, a breach of a repair contract, misrepresentation, lies perpetrated by her and also by the realtor who turned out to be friends. She lives in a double wide and was paid 200 K in cash as I did not get a mortgage. The Lawyer that I have retained may have to sue her to have the foundation fixed and a garage sealed and possible drainage situations rectified along with a new heating system that was covered up and lied about. My question is: if somebody is older does it have any bearing on a lawsuit? Apparently she is fairly well off in her own double wide and has the 200 K that I paid her a few months ago. Please advise.
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Answered in 2 hours by:
3/26/2018
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,527
Experience: Practicing Attorney with 10 years experience
Verified

The concerns with suing an older individual is enforceability. They may live on a fixed income and may not have the resources to pay the damages you might win. If they were to pass away during the course of the lawsuit, you could still pursue your claim against the estate but all of this is contingent on collectibility.

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Customer reply replied 3 months ago
She received 200K in cash a few months back and she was already in her double wide so she has the $$$.

Then I think you have strong case to go forward. The only other thing to consider is a jury might be sympathetic to an elderly woman. That should not dissuade you from pursuing your rights however.

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Customer reply replied 3 months ago
She can sell her property and move into a 55 and older. Property is pricey out here!

Sure.

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Customer reply replied 3 months ago
I have been on disability for 15 years due to multiple medical and mental health issues. I think the jury would be much more sympathetic to me being a naïve first time homebuyer 0ver her who’s owned several properties in town and been a land lady. Plus, 80-year-olds are now the new 20 year-olds in terms of brain MRI showing many 80-year-olds outperform 20-year-olds!

I agree with you. I just wanted to answer your question about all things to consider.

Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,527
Experience: Practicing Attorney with 10 years experience
Verified
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