Legal Question in Civil Litigation in Pennsylvania

I'll try to make a long story short. I'm disabled and on kidney dialysis. My son had been living in a house that I owned for 3 years as I had another house that I was living in. In May of 2009 I sold a house to a person, I didn't use a realtor. Within the first 2 weeks after the buyer took possession of the house, she completely stripped out the entire interior of the house. The strange part of it is, there wasn't anything wrong with it. In Dec. of 2009 we received a notice that she was suing us, myself, my husband and my son. She claimed that she found mold in the house that we didn't tell her about and that we tried to hide it from her. She claims that she first noticed it in July of 2009, well after she ripped out all of the wall covering, ceiling and insulation in the house. The worst thing about the lawsuit is, she is claiming fraud among other charges, for a total of over $600,000. I sold her the house for only $135,000. I had an attorney until he dropped us because I could pay enough on his bill each month. Now I can't afford to hire another attorney and I nor my husband or son are able to represent ourselves. My question is if I lose the case and this person gets a judgement against me, can I keep my house and car, which I need to get to kidney dialysis. I know fraud charges are not dismissible if I file bankruptcy, so that isn't an option for me. And to make matters worse, the attorney that I had has threatened to file suit for the money that I owe him. My mane is Mary and I live in Pennsylvania. If you know of any organizations in Pa. that could help me, I would greatly appreciate it. Thanks


Asked on 1/03/12, 7:28 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

First, in order for the Plaintiff to prevail in the case, he and/or she must prove notice. As it seems that the alleged mold was something that was found when the buyers ripped down the walls, I don;t see how they could prove this crucial element of the case. Also to prove fraud, they have to come up with some really strong evidence that you knew that you had knowledge of the mold and deliberately withheld that knowledge in order to induce the buyers to purchase the house. Also, the buyer usually conducts a pre-sale inspection of the house, or hires an inspector to do this. Under the circumstnce, you cannot be held responsible for a problem you knew nothing about. I would look around for another attorney who might be willing to take on the case for much less then your previous attorney. Believe it or not, there are some attorneys who do have a heart, and might be willing to get involved for a smaller monthly payment. Finally, and I hope it doesn't come to this, should you file bankruptcy, there would have to be an actual finding of fraud, not simply a charge of fraud. Fraud is very hard to prove and unless you knew of the mold problem, or have documents pre-dating the sale of the house indicating the presence of mold, it is very unlikely that fraud can be proven. It sounds like you have a good case, and I would keep trying to find a lawyer willing to become involved. Were you to file bankruptcy, it would cost at least $1,000. I would rather see you spend this money on an attorney to fight this case. Finally, if you knew about the mold and did not disclose it to the buyer, you have a major problem, and that is even more reason to find a sympathetic attorney. You should go to the local bar association in your county and ask about lawyer referral. They may be able to help.

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Answered on 1/04/12, 4:10 pm


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