Open Question: How to go about suing a company?

7 September 2010, 8:09 pm

Long story short: We signed up for a "rent to own" home contract, and got screwed out of our entire downpayment. We've consulted a top real estate attorney, who told us we definitely have a case, as the contract is faulty and the whole deal is a "rip off" We've asked the company/lawyer who wrote up the contract for our money back previously, and he said no. Should we call again and tell him if he does not settle, that we will take legal action? What would we say to him/them if we did that? or should we sign on with the lawyer and take the company to court? We'd be suing for 10k + damages.. I'm just not sure after legal fees that we'd get much back if/when we won.. but i'm also not sure the company would settle with us (and yes we've looked for lawyers who would take us on a contingency basis and can't find any). Just not sure how to proceed. Any advice would be much appreciated In response to an answer: this was not a lease/option agreement. This was a lease/purchase agreement. We followed through with our end by securing financing, the seller backed out. There is nothing in the contract that says if it runs out, we don't get our money back.. just if WE default by backing out or not securing financing, which we did. We consulted a real estate/contract attorney, best in the area- who says we DO have a case. I just don't want to go into this blind and end up paying more in legal fees than the case is worth. Which is why i'm wondering if we should attempt to call them again and threaten legal action, and what to say if that's a good alternative. I really wish people would read my question. I was not asking whether or not we have a case. I know we do. The contract is a fraud. We secured financing, we got the house appraised, they backed out. Point blank. I don't really care if you think I have a case or not, as i've spoken to multiple attorneys who agree I do. What I want to know is whether or not to CALL the company and threaten them with legal action before pursuing a lawyer. What would I say? THAT is what I want to know- not your opinions on a contract you've never looked at.... Read More »

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