Legal Question in Real Estate Law in Ohio

can we get some of our money back

We just went to court last month form being sued by the person that purchased our home in Ohio. He stated that we lied on a discloser form about water in the basement. The court found in our favor, the complaint is dismissed with prejudice. We have spent $7000 in lawyer fees. Our lawyer says that we can't get any of our money back. I don't understand if they found in our favor why we can't. Can we take him to small claim court?


Asked on 12/08/01, 4:18 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: can we get some of our money back

The previous reply is quite accurate. Too, I would not second guesss you atty. Your atty knows the case and the law. If fees were recoverable, chances are he would have sought them.

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Answered on 12/12/01, 7:05 pm
Gregg Manes Gregg A. Manes, Esq.

Re: can we get some of our money back

Odds are that you attorney was correct. Normally one can not get attorney fees unless the statute specifically calls for it such as the lemon law.

Sorry to be the bearer of bad news.

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Answered on 12/17/01, 10:27 pm
David Weilbacher, Esq. Attorney at Law

Re: can we get some of our money back

In the U.S. the general rule is that parties to a law suit pay for their own legal fees; whether they win or lose. In the way of comparision, in the United Kingdon the loser pays. This means that the purchaser of your former property would have to pay your legal fees.

There are a couple of possibilities to recover your legal fees depending on the circumstances, however, success is rare.

First, if the purchase agreement provided for the payment of legal fees should a dispute arise, you might be able to recover.

Second, by statute, if you can prove that the law suit against you was frivolous, you might be able to recover.

Your chances of recovery are slim, and you need to determine how much time and effort you want to invest in an attempt to recover your legal fees. This said, you should investigate the above mentioned possibilities.

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Answered on 12/09/01, 10:47 pm


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