I need an attorney

[amethyst_babes]

I am having a problem with my builder. We moved into our new home in January and in May we had a problem that required repair. We have a one year home warranty, btw. It took the builder until August but he finally fixed it. Now, however, he is trying to make me pay for the repair. He is threatening to take me to court so I need to find a lawyer.

What kind of attorney should I get? And if I win will the builder pay my legal fees or will I have to sue for those?

I am in Lexington Park.

Thanks

 

[crabcake]

My guess is a real estate attorney. Unfortunately, I cannot recommend one.

Who's is your builder or what neighborhood is it? Other folks might be interested to know if they're looking there.

Good luck!

 

[RoseRed]

I think it is Duggan & McKissick at Maple Drive in Lexington Park handle real estate issues.

 

[jazz lady]

I think it is Duggan & McKissick at Maple Drive in Lexington Park handle real estate issues.

I used them for the settlement on my property. Very courteous and professional.

You should also contact the Maryland Attorney General's office. They will help with problems with builders. Their web site is http://www.oag.state.md.us/Homebuilder/

 

[FastCarsSpeed]

Thomas Pelagatti... He is in in Prince Frederick but also has a office in Lexington park too.

http://www.tompel.com

 

[JabbaJawz]

We used Dugan, McKissick, & Wood for our 2nd settlement and were very impressed.

 

[fttrsbeerwench]

I think Brian Dugan is a lazy poop head . I felt very rippid of when I paid him a butt load of $$ to file one little paper with the court, that I found out I could have done on my own.. I have not heard from his office since..I think he is the least proactive lawyer I have even seen, and that is not just with me. Others have had the same opinion. Go to Waldorf, Rudy Carrico I hear is good. He does it all , divorce, real estate, what ever. IF you don't want to go to far up the road, there is Harris and Capristo. Master Harris may not do much of that stuff now, but he has a ton of experience and I doubt he would run a practice with ant dim wits either.

 

[BuddyLee]

And if I win will the builder pay my legal fees or will I have to sue for those?

The builder is not obligated to pay your legal fees. Most people sue for that as well.

 

[crabcake]

I felt very rippid of when I paid him a butt load of $$ to file one little paper with the court, that I found out I could have done on my own.

that's the case with lots of legal proceedings ... you can fill out your own custody and divorce paperwork as well and just pay the filing fee ... doesn't mean you know what you are doing or have the benefit of a lawyer's experience/knowledge on your side though if you do.

 

[mondoman]

Let Him pay court costs

If you got a 1 year warranty when you purchased your home, in writing I hope, then the builder really should not have a leg to stand on unless there were limitations in the FINE print, deductible ...etc. I would encourage you file a complaint with local Better Business Bureau in addition to the local Builders Association and to Maryland Board of Licensing. That should get his attention.

If you have all the neccessary paperwork and documentation, pictures, bills, and any correspondence he would be a fool to file a small claims suit. because he would be tossed out of court on his ears. People like him/her will take advantage of people who get intimidated with threat of a suit being filed against them and having hire a LAWYER AKA "license to steal", and will pay the bill .....to be fair there are a few reputable lawyers out here.

Good luck with your situation.... do your homework and he/she won't stand a chance.

Happy Holidays to one and all

 

[Bogart]

I felt very rippid of

I hate that feeling.

 

[fttrsbeerwench]

that's the case with lots of legal proceedings ... you can fill out your own custody and divorce paperwork as well and just pay the filing fee ... doesn't mean you know what you are doing or have the benefit of a lawyer's experience/knowledge on your side though if you do.

It was in fact, a custody thing. I had never had a need for a lawyer before and I just didn't think that it was worth $3150 dollars, when he didn't so much as call me to tell me he had submitted that single petition to the court, nor bother to inform me that nothing at all happened after that. The ex never even went back to his lawyer about the situation. I imagine he tossed his $$ down the tiolet as well.......



Bogart, was that sarcasm ????

 

[willie]

If you got a 1 year warranty when you purchased your home, in writing I hope, then the builder really should not have a leg to stand on unless there were limitations in the FINE print, deductible ...etc. I would encourage you file a complaint with local Better Business Bureau in addition to the local Builders Association and to Maryland Board of Licensing. That should get his attention.

If you have all the neccessary paperwork and documentation, pictures, bills, and any correspondence he would be a fool to file a small claims suit. because he would be tossed out of court on his ears. People like him/her will take advantage of people who get intimidated with threat of a suit being filed against them and having hire a LAWYER AKA "license to steal", and will pay the bill .....to be fair there are a few reputable lawyers out here.

Good luck with your situation.... do your homework and he/she won't stand a chance.

Happy Holidays to one and all

What was the repair? Unless it was something you were responsible for or something caused by your negligence then, as mondoman said, he doesn't have a leg to stand on. Write him a registered letter explaining why he is wrong and cc it to a couple of important agency's like the BB, Permits and Inspections, the County Commissioners, his Mother and anybody else he wouldn't want irritated with him. After writing the letter, put him out of your mind and have a happy holiday.

 

[crabcake]

It was in fact, a custody thing. I had never had a need for a lawyer before and I just didn't think that it was worth $3150 dollars, when he didn't so much as call me to tell me he had submitted that single petition to the court, nor bother to inform me that nothing at all happened after that. The ex never even went back to his lawyer about the situation. I imagine he tossed his $$ down the tiolet as well.......

well, no offense, but it sounds like you didn't do your own homework to find out what you could do on your own. If it's an uncontested issue, and you agree on the terms, you can do it yourself. If that's not the case, a lawyer is essential to keep you from being screwed over. But again, you have to do your homework to find one who is reputable and will work for/with you.

 

[Suz]

I am having a problem with my builder. We moved into our new home in January and in May we had a problem that required repair. We have a one year home warranty, btw. It took the builder until August but he finally fixed it. Now, however, he is trying to make me pay for the repair. He is threatening to take me to court so I need to find a lawyer.

What kind of attorney should I get? And if I win will the builder pay my legal fees or will I have to sue for those?

I am in Lexington Park.

Thanks

I still am very curious about who the builder is... His initials wouldn't be RF are they? Watch the lawyers here in town. You never know who has a working relationship with whom...... But they should tell you that!

 

[Kain99]

Beer Wench is right.... Brian Dugan is a lazy schmuck! Probably fine for shuffling settlement papers but I wouldn't let him handle anything that required action.

 

[amethyst_babes]

What was the repair? Unless it was something you were responsible for or something caused by your negligence...After writing the letter, put him out of your mind and have a happy holiday.

The problem was the tile surrounding my bathtub was coming up. He says it was caused by 'excessive splashing'...WTH...around a bathtub? In 3 months?

Anyway, my problem is that he fixed it when I told him (by certified mail) I expected him to because of the warranty. If he had said no, then I would have had it inspected by a tile repairman (other than his) and taken him to court over it. By fixing it, I believe he accepted responsibility.

I have written him a letter reminding him that I sent a certified letter telling him I expected him to repair it based on the home warranty. I also mentioned that the fact that he came out and did it with no agreement I would pay for it shows he accepted responsibility.

Am I wrong?

 

[willie]

The problem was the tile surrounding my bathtub was coming up. He says it was caused by 'excessive splashing'...WTH...around a bathtub? In 3 months?

Anyway, my problem is that he fixed it when I told him (by certified mail) I expected him to because of the warranty. If he had said no, then I would have had it inspected by a tile repairman (other than his) and taken him to court over it. By fixing it, I believe he accepted responsibility.

I have written him a letter reminding him that I sent a certified letter telling him I expected him to repair it based on the home warranty. I also mentioned that the fact that he came out and did it with no agreement I would pay for it shows he accepted responsibility.

Am I wrong?

You are the winner. It's a remote possibility that they didn't use the proper board under the tile but more than likely it was just a poor adhesive job or maybe they didn't set the tile at a sufficient height?? Any way you cut it, it's his responsibility. Excessive splashing in a bathroom??? What a laffer.

 

[jazz lady]

The problem was the tile surrounding my bathtub was coming up. He says it was caused by 'excessive splashing'...WTH...around a bathtub? In 3 months?

Anyway, my problem is that he fixed it when I told him (by certified mail) I expected him to because of the warranty. If he had said no, then I would have had it inspected by a tile repairman (other than his) and taken him to court over it. By fixing it, I believe he accepted responsibility.

I have written him a letter reminding him that I sent a certified letter telling him I expected him to repair it based on the home warranty. I also mentioned that the fact that he came out and did it with no agreement I would pay for it shows he accepted responsibility.

Am I wrong?

It is the builder's responsibility to fix it or the subcontractor he hired. If you look at the Maryland Attorney General's web site I posted above, there's a link to a pamphlet that outlines what is covered with every new home.

I'm still in a war with my builder over the tile in my Master Bedroom shower and it's been going on for 2+ years. I'm in the process of lining up an attorney and contacting the Maryland Attorney General's office about it, as well as other problems that were never rectified by the builder.

 

[amethyst_babes]

Thank you so much! Common sense tells me I am right, but I can tell Dh is getting worried and just wants to pay.

I did email the attorney general (thanks for the link) now I am just going to wait and see if The builder takes me up on my offer to just drop it.