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Buyer suing four years later

My fiancé just happened to look himself up on our state’s legal website last night (needed his final divorce date) and to his absolute horror, discovered that he and his ex-wife are being sued by the couple who bought their house. Four. Years. Ago.

They didn’t know about the suit because no papers have been served. Supposedly there have been two unsuccessful attempts. Why unsuccessful? Simple: their addresses are wrong. Fact: fiancé’s current address is on the home sale papers as he’s lived there ever since, AND he’s actually owned his current place (a condo) for almost 30 years. You Google him, his address comes up. A first-grader could find him. The ex-wife’s address is listed as the home she grew up in as a child (she’s 63), where she hasn’t lived since about 1979. Her parents sold the place in 2010.

So 1, do you think MAYBE an effort is being made to not serve on purpose and ram this case through without fiancé/ex knowing a thing about it?

  1. We can’t see all the paperwork yet as licensed attorney must access. But the synopsis states “misrepresentation,” which one would think is related to Seller’s Nondisclosure. Guess what, in our state (MO) you have two years to dispute that. It’s been four.

  2. Fiancé knows of nothing that wasn’t disclosed. Inspections were done of both house and pool (two separate people), and anything that was requested to be fixed, was. Pool heater was fixed. Heater broke again after buyer moved in and there was an email about that but tough, on day of closing it worked. They signed. We BELIEVE there was a final walk-through.

  3. The buyer billed himself as a Private Investigator at time of purchase. A look on LinkedIn today reveals that both investigating companies that he purportedly still works for, including one that he purportedly owns, have dead websites/domain for sale. His resume goes back to “Army Special Agent” and is is full of investigating work. Oh, but he has a NEW business now, since last year: selling medical marijuana. So yeah, this person sounds like a great guy who’s TOTALLY on the up-and-up. This couldn’t possibly be some kind of shakedown... /sarcasm (He’s probably using the house, which has a 2500 sf basement, as the grow farm)

  4. call to fiance’s listing agent this morning was not encouraging. She said she’d never heard of such a suit before, and she (quote) “doesn’t know what to do next.” Great, thanks. Since my (uninvolved) agent friend told us that listing agent’s brokerage firm, an extremely legit and well-established one, has their own legal staff, how about she consults with THEM??!!? Ya think? This was suggested and she said she would call back. I consulted my agent friend again just now and she provided the contact info for the office’s managing broker. Accordingly that gentleman will be called shortly if the agent (who currently has 20 listings, yes, in THIS market) can’t be bothered to help.

  5. The lawyer bringing the suit works for a legit-looking firm but real estate law is NOT listed on his resume. Also, he looks sleazy. Sorry, lawyers, I know you always get a bad rap, and this has no bearing on the case but but I’m just saying. One would think a firm such as he belongs to would employ a paralegal or two capable of locating simple addresses (see #1 above).

So, I’m here to ask you gurus the following: - Have you ever heard of such a suit? - Do you think buyer has ANY leg to stand on? - What else should fiancé/ex be doing right now? - What is your overall impression of legitimacy of the case?

I am just trying to stay calm and help fiancé, so any advice is welcome! My agent friend has been great but she’s relatively new to the game (two years but doing VERY well), so can’t be considered an expert quite yet. TIA!!

submitted by /u/Qwerty-331
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source https://www.reddit.com/r/RealEstate/comments/o7rabu/buyer_suing_four_years_later/

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