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That’s What Friends Are For?

My client was buying the home of a family friend. She assured me that no home inspection was required, and whatever the seller’s attorney put in the contract would be fine with her.

While I assured her that I didn’t want to cause ill feelings, the very fact that her friend was hiring an attorney to draft a contract meant that this was a business deal. So could we please approach it that way?

My client refused, so I had her sign a lengthy CYA letter, and then she signed the contract.  After poo-poo’ing the very notion of doing a pre-closing inspection, the buyer closed with the seller at the full listing price.

Two days later (you know where this is going, I can tell) my client sent this e-mail:  You said this wasn’t about friendship and now I know why. The hot water heater is toast, the windows are warped shut, and there’s either one very fast mouse or a whole family running around. I called Mrs. Shady to ask if we could get together about the problems, but she said, “Sorry. Our business is done.”  There’s no way that I can sue for fraud, is there?

I replied, “You can certainly sue, but you’ll definitely lose.”

Comments

( 3 comments — Leave a comment )
(Anonymous)
Mar. 7th, 2013 09:18 pm (UTC)
Friendship ends when the deal begins
Money can sink a friendship faster than saying "Yes. You do look fat in that!"
real_lawyer
Mar. 7th, 2013 10:28 pm (UTC)
Re: Friendship ends when the deal begins
That's funny... and true.
(Anonymous)
Apr. 7th, 2013 08:07 pm (UTC)
Costly lesson, according to every definition of the word!
( 3 comments — Leave a comment )

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