Big Decisions to make

Yesterday, along with being Parker’s 1st birthday, marked another important day. not quite as important as a birthday milestone, but still a day we’d been waiting for to maybe get some solid answers and to know how to proceed for our future.

Yesterday was the 2nd meeting with the lawyer we’d previously met with about our totally screwed up fallen-through ‘rent to own’ situation.

I’m honestly not sure what I was really looking for in the way of answers.. but I had a lot of questions. What exactly IS our case? Can you be sure of how much it will cost? What if it gets held up? How long will it take? How strong is our case? Etc, etc, so on and so forth.

I suppose what I was really looking for, but knew I wouldn’t get, was a clear sign of which way to go. Either swallow the bitter pill and (as the lawyer put it) chalk it up to a lesson learned and walk away from our 10k.. or take the gamble and sue.
Any reasonable lawyer won’t try to get you amped up just to get money out of you by telling you “you can win! 100%! let’s do this!”
There is no 100% in the legal world. It all comes down to a judge.. and who the hell knows which way a judge will go. Could depend on their experience, or even what kind of day they’ve had. As much as i’d love a 100% guarantee that we’d win, because then i’d know whether or not to spend the money to secure a lawyer and proceed with legal action.. i’m not going to get that.

My gut feeling is that if we go to court we’d win. I know the deal we entered into is complete and total horseshit. We held up everything the contract said we were supposed to.. but there was never any action on their part to hold up their end of the bargain. They didn’t even have the legal right to promise us the title to the house. They might claim it as a “non refundable deposit”- but when there’s so much illegal about the contract to begin with, how can that be upheld?
That’s really not the issue when it comes down to it.

It comes down to.. Well, what if those morons hold this up in court for a year? What if they just keep putting it off and off, costing us more and more money? What if we win and they appeal? Then it would be another retainer for the lawyer on top of the one we already paid.
What if we win and they declare bankruptcy? Then we’re totally screwed.
I’m positive they HAVE the assets to pay.. but just winning a judgment doesn’t mean the money will come right to you unfortunately. The legal system is totally messed up in that way. Winning does NOT mean you will get paid.

So still it comes down to what to do? I’m not really a gambler.. I like for sure things.. and this is not by ANY means a for sure situation. It’s spending money on a lawyer to MAYBE making money in the end game, however long that would take.

Ten thousand dollars for us is nothing to sneeze at. It’s our down payment for a house that got snatched from us with really no legal basis. It’s money we no longer have and can’t just make back in the snap of a finger for another down payment. It would really bother me to just walk away from that.. to know we got screwed and I have nothing left of my mother’s money, and nothing to show for it.
It would also bother me to pay the retainer.. and whatever legal fees may follow because of hold ups or time spent and get nothing back at the end. That would be money lost on TOP of money lost. Would it be worth it to try?
I’m not sure..

I know the decision needs to be made.. i’m just not sure which decision is the right one to make.

What would you do? Walk away from 10k that you know is rightfully yours? Or spend the money for a lawyer, take the issue to court and chance winning or losing and whatever comes after?
Put yourself in our shoes.. really THINK about it.. because I need back up or a voice of reason at this point to know where to go from here.

Posted on October 1, 2010 by Holdin' Holden 0 Comment
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