leaky roof

[HomeGuru]

Thanks, HomeGuru, will do the additional research. Have already checked out Johnson vs. Davis.

Are you saying to go outside to sue the closing guy for malpractice or take the entire case outside the county?

**A: sue in your own county venue but use an out of county attorney. Any attorney that is licensed in Florida can take your case. He/she does not have to reside in your county or neighboring counties.
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Additionally, is circumstantial evidence enough? Our attorney said even though he feels we have a good case, he could just as easily argue it against us.

**A: no, you have to win by a preponderence of the evidence. You have to prove your cause of actions using actual evidence and testimony from testifying and expert witnesess.

 

[wateredown03]

**A: no, you have to win by a preponderence of the evidence. You have to prove your cause of actions using actual evidence and testimony from testifying and expert witnesess. [/B][/QUOTE]

We have expert testimony from the roofing specialist, the carpenter who repaired/replaced the rotted wood, our roofer (also an attorney), painters who repaired the interior walls. We have the new wood that was used to cover the rot, & the "hide box" (lawyer's term) that was constructed to cover the rotted exterior loadbearing wall. The home inspector no works for the original co. we hired. He said he could either help or hurt us depending on whether or no we went after him personally which we have no intention of doing.

Our attorney said he would like an "eyewitness" who would testify that the sellers saw the rot, the roof, etc. Now that their roofers have proved undependable, how do we accomplish that? He said if he had an "eyewitness" he would take the case on contingency. As is, we've been paying as we go which is expensive.

This attorney was recommended by the roofing specialist, who is from another county. Specialist said this guy is the best in the business??

 

[HomeGuru]

Ok, good luck to you.

 

[wateredown03]

Ok, good luck to you.

Thanks, not sure what you mean however. We have not discounted your advice to go out of county for an attorney. It makes sense just not sure if we have enough to pursue this or if we should just put the monies into remodeling where we know we will reap a benefit and chalk this up to a lesson learned.

My mom always said, "Believe nothing of what you hear and only half of what you see". I should have followed her advice as well.

P.S. Checked out Dorton v Jensen, thanks will ask our lawyer if he's familiar with case.

 

[HomeGuru]

What else can I say, the rest is up to you and your attorney.