Head first into the deep end?

Oh y’all.. I have a situation that I seriously need your input on.
Get your attention focused, grab your thinking caps and your rationality.. and read, and then tell me what YOU, as (hopefully) a reasonable person would do.

Ok? Ok. Here we go.

I got a letter in the mail today from the Silver-Fox Lawyer we had a consultation with on Thursday morning. A letter, to me, is usually the bearer of bad news. I thought he would call us sometime next week with options.. but there was a little letter, begging to be opened.
It was not bad news.. exactly. I won’t re-type the letter in full but the gist was that he is confident there is a “reasonable chance” of winning not only our 10k back, but damages on top of that if we take the other lawyer to court. The contract is a rip-off.
The bad news (sort of)? He has to charge around $2,500-$3,500 total for his services. He even said in the letter that he understands our tight financial situation so securing him as a lawyer might not be a good idea for us right now.

It is a lot of money when you think about paying the retainer and legal fees before knowing if you’ll win, and regardless of whether you win or not.. but I think it has to be done.
We knew we’d have to pay for legal services. The only attorneys that don’t force you to pay up-front are ambulance chasers, and i’m pretty sure don’t know much of anything about contract law.. and I really don’t want to have a BIGGER chance of losing.

Obviously I would have loved for him to say he’s positive we can win if we take the issue to court.. but no responsible lawyer would ever say that. Only ones that want to steal your money. I trust this lawyer, that’s for sure. I know he’s the “real deal” so to speak, I know he’s done well for himself, and from recommendation alone I know he’s one of the best in the area.

I did a lot of research on suing companies, and if you win, how to collect.. because even if you win the suit, the person might not pay, might not have the money to pay, etc. We know this company has money. Am I sure they’d pay on the spot? No. But I think if they don’t we could get it from them by other means. Either going to the board, since the guy with our money is a lawyer, and reporting him.. and then if he doesn’t pay he will be disbarred. Or if he doesn’t pay he could have his accounts frozen or wages garnished, etc. He just have to HAVE the money. I think he does. I’m not 100% positive, but I think he does.

Could we get a cheaper lawyer? Probably. But would we want to chance having someone who’s cheaper and doesn’t do as great of a job, or know as much of what they’re doing? Don’t really think so. Even a cheaper per-hour lawyer could end up costing you more in the end by having to spend more time doing things a more expensive lawyer could get done faster and more efficientl

If we knew it was a 100% chance of winning, we’d go for it. To spend $2,500-3,500 to get back 10k or more would be well worth it. Getting most back as compared to NOTHING is definitely worth it. It’s just the possibility of losing and not only being out the 10k, but the cost of the lawyer on top of that that is holding me back right now.

I want EVERYTHING we are legally allowed to get out of him. Our money, the money that we put into this house that they promised us OFF the price of the house, emotional distress because we now can NOT purchase the house and may have to move, all the money we paid for months and months that was supposed to be reducing the mortgage and wasn’t.. legal fees, court costs, etc.
But there’s that 1% in the back of my head saying “well.. what if you DON’T win?”

I feel like we will win. My gut feeling is that this contract we entered into is complete and utter BS. In no way was it legal to not sell us the house and walk away with our money.. but there’s always that slight chance that a judge may not see it that way. There is no guarantee on matters like this. You never know how a judge will see things.
I have the money in my account to go ahead and pay the retainer and all the other fees, luckily. It’s just the thought of losing it all.

At the same time, if we don’t TRY, it will always bother me and i’ll always wonder “what if.”
No matter what, I want that damn money back. I want to TRY to get that money back. Maybe I just answered my own question right there..
but I want feedback:
What would you do? Pay the money for a great lawyer out of pocket and hope that you’d win and somehow get the morons to pay after winning? Or possibly not win and be out of as much as $13,500?
Look for a less expensive lawyer.. who possible may not be as good, or might just be as good if you’re lucky and chance it there?
Try to find an “ambulance chaser” who would only make you pay if you won, who definitely wouldn’t be as qualified but at least you wouldn’t have to pay for a lawyer if you lost?

I have this huge lump in my stomach. I don’t know whether to take the gamble and dive in and go for it.. or hold back and try to find another avenue.
So what would you do?

Posted on September 4, 2010 by Holdin' Holden 2 Comments
Holdin' Holden

About Holdin' Holden



  • you said it yourself, it has to be done.

  • It does. I believe it does. I asked questions on legal boards and some random moron said we could be in litigation for YEARS and end up paying 30k in legal fees etc etc etc..
    I’m not sure I believe that, or that the lawyer would lie to us like that knowing he would NEVER be able to collect from us.. but it still freaked me out. Maybe I never should have asked random negative morons on the internet unless I was going to post the ENTIRE 12 page situation (if I typed it up in full). They assumed we hadn’t secured financing. We did.
    Thanks for not asking and then shitting all over me!
    I hate people.