Expert: Jim Root - 3/20/2008

Question
this builder is suing me because i didn't buy his house. i couldn't because of a few reasons. 1. my health got worse since this contract and my business turned upside down. 2.our agent suppose to add to the contract that we need to sell our condo before buying this house but she never add it to the contract and we couldn't sell our condo to buy this house. anyway, my question is, can i print this civil law suit and delivery to a few neighborhoods around here to let the people think twice before signing contract with this builder? or can i send an article to the local newspaper about what is going on?

Answer
HAKAN--

FREEDOM OF SPEECH exists in our country--one can communicate verbally and/or in writing, their ideas, opinions and facts to "a few neighborhoods" OR "the local newspaper" as a matter of that freedom! One needs to be careful that such communications, either in words or on paper, doesn't constitute libel or slander, however!If libelous or slanderous communication takes place, the subject of the "damaging communications" MAY have justification for (another) civil suit!

BE CAREFUL; CHECK WITH YOUR ATTORNEY BEFORE YOU "GO PUBLIC!" Your Lawyer can tell you what is safe for you to  do.

It sounds to me like perhaps your Real Estate Agent is as much "the Culprit" here as is the Builder! If the reasons for your pulling out of the purchase from the Builder is as you say,"Couldn't sell the Condo" & "Business went bad,"why didn't your Realtor write in the contingencies needed relative to your sale of the Condo AND the typical "Financing Contingency," that makes the sales contract "Null and Void" if the Buyer CAN'T get the needed Mortgage!Between not having the funds from the sale of your existing residence and the failure of your business to provide sufficient income,it would seem that--if your Realtor had protected you in your "Offer,"--you'd be OK now! Is she the Builder's Listing Agent, or a Buyer's Agent representing you?

Maybe people should be thinking twice before working with HER, maybe not so much the Builder! CHECK WITH YOUR ATTORNEY ON WHO MAY BE RESPONSIBLE FOR YOUR PROBLEM with the builder now! The Lawyer can help you with this issue, too.

Although I have experience as a former licensed Realtor, Residential Appraiser and Mortgage Banker, I am NOT--nor have I ever been--an Attorney, the information I've given you here should NOT be considered a legal opinion or legal advice--it's simply provided as "educational/informational" and to assist you with your further exploration of this matter with a licensed Attorney who CAN provide sound legal opinion and advice on how to proceed. GOOD LUCK!

--JIM