Legal Question in Real Estate Law in Texas
Who pays who?
My mother is being sued by the new homeowners of the house she sold to them after my father died. Clearly, this was difficult enough as it is, and she sold real estate herself at one time, but it passed inspections, the new ownders waived their rights to inspect, she paid their closing costs to help them since they had an ill child, and after purchasing the home, it showed signs of water ''damage'' in the garage. They claim she lied to them and misled them. Neither of which is true.She has money, and they know it. They simply want to take advantage of her. She has a great attorney, but I wanted to know if they lose, and my mother wins, are they obligated by law to pay her court and attorney fees? This is so lame, and my mother has all she needs to win, but I think it's unfair if they can drain her for these costs. Thank you.
1 Answer from Attorneys
Re: Who pays who?
If your mother already has an attorney handling the case, then I suggest she asks that attorney (who has actually seen the lawsuit) about the fees. Not having the paperwork handy, I don't know why they sued your mother. I can only speculate that that they sued under the Texas deceptive trade practices act (DTPA) which does allow for the recoupment of attorney fees. However, you should check out the contract between the parties, as it may include a provision such that any disputes between the parties have to be submitted to arbitration (which can be substantially less expensive compared to a traditional law suit.)
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