Hi, everyone. I've posted this question on a legal forum but received no answers so I'm hoping that someone here can help. I'm trying to sell a house that I've owned for 2 years. In the first year, it flooded 7 times. The problem has been fixed and have had no leaks for a year. I'm in a lawsuit with the previous owners for failure to disclose a known water problem. My question is, can I ask for compensation for the loss of value on a property that now has a mold stigma attached to it? If so, does anyone know how this loss is figured? I've read a very interesting article on this subject called, "Mold House Revisited," where they used a formula to calculate the loss but this was AFTER they had received an offer on their property. My problem is, I have yet to receive an offer but the trial is 2 weeks from today. Although there hasn't been an objection to the house's history (potential buyers will only get this info after thay've made an offer) I KNOW there will be. If I don't ask for that loss as part of my legal settlement, the trial will end, the house will sell for the "stigmatized" value and I'll be SOL. Can anyone help? My attorney believes that we CAN ask for this loss, he just doesn't know how to come up with a figure. Thanks for any info you can offer.

Sorry to hear about the issue - got to admit, though, I would have thought your attorney would actually be the best person to ask. Is he not able to draw figures from similar cases?

I agree with Brian, you're attorney should be able to come up with a formula to figure out how much compensation to ask for.

If not it may be a good idea to look or another attorney. Many cases are lost in court becasue the attorney was not qualified even though the plaintiff was in a position to win the trial.

I am quite sure that there is a formula to figure out how much to ask for.

Thanks Brian and Hermes for your responses. I totally agree with you that my attorney SHOULD be my best resource but I'm really starting to doubt his capabilities...no, not capabilities but maybe his "enthusiasm" for my case. He is a VERY big litigator in Colorado Springs and came highly recomenned but I'm beginning to think that my case is too small (insignificant) for him. Example: In July of '06, we experienced our 7th flood, after that our losses went way over $30k. When I called my attorney to inform him of this, he decided that we should ask for a change of venue...from County Court to District Court, because the limit in County Court is $15k. In November, 4 months later, I get a letter from him that says he believes that we "should consider District Court since losses are well over the County Court limit." I was shocked!!! It seemed that he had totally forgotten our conversation in July AND had not even looked at my breakdown of losses which he had requested from me in August. This is only one example of his negligence. With the trial 11 days away, I think that it's too late to start over with another lawyer. Am I screwed? I'm a single mom of 6 kids and CAN NOT afford to lose this case. I know that I should be on a legal forum, which I have also utilized (expertlaw.com) but I figured that knowledgeable people are usually knowledgeable in many areas and the more opinions the better. So, besides firing this attorney and finding another, does anyone have any info that might help me? Thanks for your time.

I agee. My attorney SHOULD be the one answering these questions but it seems that he has pushed my case aside for bigger, better lawsuits. Now that the trial is only a week away, it's too late to find another attorney. I'm really getting scared that my case will end in no settlement just because my attorney didn't do his job. As a single mom of 6 kids, on a very limited income, with $20,000 of credit card debt after replacing some of what we lost in the floods, I absolutely can not come away from this with no compensation. So, does anyone else know anything that might help?

Contact your attorney and see if you can schedule a pre-trial meeting to review facts and figures. The fact that he came so highly recommended could just mean that he is not worried about being able to prevail in this case. He just hasn't relayed that confidence to you. Like doctors, some lawyers lack great bedside manner, yet are very capable in their duties. The best thing to do, especially at this late point in time, is to meet with him and express your concerns.

Thanks Dru. I do have a meeting scheduled for Friday, 3 days before the trial. You know, before mediation I felt the same way. I was sure that my attorney didn't even know what my case was about but when it started, he really stepped up and represented my case pretty well. Hopefully he does the same at trial. Can I ask one more question? If we haven't included evidence of loss of value in our disclosures, are we out of luck or can we still bring it up for the first time and ask for compensation at the trial? Thanks again for the help!

Heh, sounds like a last-minute swotter. Old school habits.

A good question for your Friday meeting. Anything that is not presented with complete documentation is generally thrown out. When it must be presented is the only question. Just be certain you have all documentation when you go to court.

Thanks Brian and Dru. I really appreciate those who are willing to take the time to share their knowledge with others. I leave for Colorado on Thursday and am very anxious to talk to my attorney. Again, thanks for your help.

Any damages should be calculated based on market research and supported by credible empirical data. There is no simple formula for calculating your damages. Is your case still pending?

The question is: what would a fully informed buyer have been willing to pay for your house had the water damage been fully and properly disclosed. Your damage is the difference between the undamaged market value and the market value given full disclosure of the damage. In my business as a real estate consultant I have recently assisted a client faced with the need to perform this exact calculation for litigation purposes.

That is more of an integrity issue more then anything. You should always be honest because it always comes back around.