News & Results Posts Tagged ‘Non-disclosure’

Successful Defense of Homeowners That Were Sued for Non-disclosure

Saturday, October 1st, 2011

Ward & Hagen’s clients were sued for non-disclosure of construction defects after the sale of their home.  Without admitting any liability and in the interests of settling the case, our client offered $22,500 to the Plaintiff.  The offer was refused and Ward & Hagen successfully moved the case from the courtroom to arbitration.  Before the arbitration could occur, Plaintiff’s counsel filed a succession of appeals.  After finishing the appeals, Ward & Hagen still won the arbitration, our client owed $0 to Plaintiffs, and we received an award of over $325,000 in attorney fees from the Plaintiff.

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Posted in Consumer and Class Action, Real Estate |

Family Finds Mold in Their Newly Purchased Home

Tuesday, June 1st, 2010

Attorneys at Ward & Hagen represented a family in Encinitas who had purchased a home, only to find significant water damage and mold in the ceiling and walls of their child’s bedroom. At mediation, the Defendants (Sellers and real estate agents) offered a combined $10,000. Upon further investigation/discovery, a prior occupant of the home was located who testified that the problems all predated the sale and all current damages could be linked to prior failed repair attempts. None of these prior problems had been disclosed by seller and directly contradicted the seller’s sworn deposition testimony. In the month prior to trial, the Defendants agreed to settle for a total of $215,000

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Posted in Consumer and Class Action, Real Estate |