Legal Question in Civil Litigation in North Carolina
I purchased my home in nc last year. The home inspector said I had all copper wiring and in fact, it's all aluminum, a fire hazard. I did sign a hold harmless form prior to the inspection, however I am in the midst of a lawsuit against his company. I have accrued a ton of attorney's fees already and we have already had mitigation with no positive results. Now, the home inspectors insurance company has taken over since he has met his deductible. They are willing to offer me less than what the actual electrical repairs (replaced all wiring with copper) cost. Court is Monday and my attorney is asking me if I want to counter offer. Is this a case in which I may be able to get attorney's fees added on if we go to court ? Or am I going to be taking a big hit here??
1 Answer from Attorneys
Since you indicate you already have an attorney, it would be improper for another attorney to advise you - so this is a general observation based on your version of the events and is not to be taken as legal advice. Generally speaking we follow what is known as the 'American Rule' where each party pays their own attorney fees. So if attorneys fees are awarded it would be something that was contractually agreed to or is allowed by law in certain circumstances. Your attorney should know if an award of attorney's fees is even a remote possibility in your case. However, you seem to be thinking you have this case in the bag - you very likely do not. From a general lay persons point of view (i.e. what your average jury member is likely to think) or even a Judge if you are having a bench trial, you very well may get nothing because of the hold harmless agreement you signed. Frankly, if that agreement was drafted properly and is valid - I'm surprised you made it this far. While, I do agree based on you version of the events, that the home inspector clearly dropped the ball, it very likely won't matter if that agreement is valid and that is a big risk you should likely factor along with advice from your attorney in to your decision to accept the offer on the table or to make a counter-offer. .Anywho, listen to your attorney - that's what you are paying them for and best of luck to you!