Legal Question in Real Estate Law in Ohio

In 2007, I was awarded a judgment against a heating/cooling contractor who certified the heating/cooling system on a house I purchased in 2005. I purchased the home from real estate agents who had purchased the home but never lived in it. It had been vacant for some time. As part of a condition of buying the home, I requested that the major systems of the home-heating/cooling, electrical and plumbing be certified. The heating/cooling system was found not to be adequate despite the fact that it had been certified. It did work but was not adequate to heat and cool the house. The specific language in the contract said that the system must be adequate to heat and cool the house. A suit was filed in 2006 against the heating/cooling contractor who certified it. In May, 2007, the contractor had a Chapter 7 Bankruptcy discharged following a divorce. He also signed his home over to his ex-wife. The suit had already been filed when he divorced and filed bankruptcy, and I was not named in the bankruptcy. In July, 2007, two months after his bankruptcy discharge, I was awarded $16,000. to replace the heating/cooling system in my home. Is my judgment still valid? Thank you.

Cynthia Johnson


Asked on 1/25/10, 9:44 am

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Maybe!

Cynthia-how is that for an answer!

Really, more information would be needed in order to know the answer.

You got the judgment after his bankruptcy had been dishcarged and you were not named in the bankruptcy-that is good.

But, I would still need to check the bankruptcy case to be sure. What court is the judgment in? I assume you are in the common pleas court of the county where the house is located or where the contractor did business.

Does the contractor have any other assets?

I may be able to answer some of your questions if you want to call and give me the answers to some of my questions!

No charge for a confidential no obligation telephone conference-440-953-2000.

Good Luck!

DHD

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Answered on 2/02/10, 9:13 am


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