Legal Question in Real Estate Law in Indiana
Real Estate Law
1. I have been involved with a lawsuit against my former real estate agent, her broker, company owners, and company as a whole for the last 4 years.
2. I listed my house with her. She told me it was sold. I bought a new house. And then she told me my original house was not sold that her buyer needed $5000 cash back at closing to buy it.
3. Also the metropolitan board of realtors found her guilt of falsifying documents and not upholding her feudiciary obligation to me.
4. We have a 3rd party who will testify that she falsified documents in their transaction as well.
5. I have sustained a minimum of $400,000 in damages. Over $200,000 a credit expert has determained to be from credit damages alone!
6. It is set to go to trial in 60 days
7. My lawyer wants me to settle it for $75,000-$100,000
8. There have been numerous inconsitancies in the defendants stories over the last 4 years.
QUESTION: What should I do when my lawyer seems not to want to go to trial? Why would he not want to go to trial? Is no one interested in really helping someone who was truely harmed by a licensed professional or is it all about going through the motions?
1 Answer from Attorneys
Re: Real Estate Law
Did your lawyer expalin why he is recomending $75000 - 100,000. There may be a number of reasons. For example, you might get a verdict of $400,000, however, does the agent have $400,000 to pay you? You could end up getting an empty verdict and have substantial expenses for your espert's testimony. Also, the attorney may not feel that your evidence is as strong as you think it is. If fraud is involved, you must have "clear and convincing" evidence. This is much harder than a normal civil law suit where the burden of proof is "more likely than not". It is also possible that the attorney does not really do trial work and this is his way out of it.
You may have to find a different lawyer, but that may be difficult so close to trial.
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