The Villages is suing me !

[Tomptomp]

Thank you all

[dewilson58]

[QUOTE=Tomptomp;2063619, I tried to offer a settlement but they told me to get a lawyer. What should I do?[/QUOTE]

Not seek legal advice from this site.

:ohdear:

[mikreb]

Get a lawyer or pay the bill. Whichever is the least expensive would be my choice.

[rjn5656]

See if small claims court might be an option.

[Papa_lecki]

An attorney will give you a free consultation. Take his/her legal advice, not ours

[Babubhat]

Get a lawyer. Likely would have been covered by homeowners insurance if post closing

[mtdjed]

Is it likely that the prior owner or real estate agency that sold the home were aware of the damage and did not reveal or disclose the problem? Or perhaps tried to hide the issue? Your problem may not be with The Villages.

[bimmertl]

Report it to your homeowners insurance company. Villages is alleging it occurred after you moved in. Insurer should have a duty to defend.

In addition, if you have an umbrella policy, report to them also.

[billethkid]

Get a lawyer and fight it.
TV will only play the "bully with legal standing" to a point, before they cave.

The problem might be finding a lawyer willing (and able) to take on TV!!!

[Toymeister]

Fight.

Never let the size of the opposing party indimidate you.

Easy for me to say? Perhaps, but I did drag the IRS to tax court, their home turf, and prevailed.

I also took action against Toyota, the manufacturer, not a dealer. I won.

I sued an individual and title company over a failed home purchase. This was in Sumter county, the realtor was absolutely useless - I had to subpoena her. Yes, another win.

The point I want to get across is you have to fight to elevate your case to a level where you are dealing with a reasonable person. Rarely is this the first party that attempts to indimidate you with legal action.

Let me caution you that I was absolutely in the right in every one of these actions. Further, I had evidence to support me. I do not try to defend myself unless both of these are present.

BTW I never hired council in any of these actions

[blueash]

Slept in a Holiday Inn Express.... You admit that the damage to the neighbor's property was caused by the pool on your property. You admit that the existence of that damage was disclosed to you before you bought the home as you can see it in the sale's video.
When you buy a property you get both its assets [the land the building the landscaping] and the liabilities [you need to fix the landscaping if it violates our rules]

One of the liabilities that came with your property is the known damage it caused to your neighbor. You are responsible for it. You may have the option of going to your insurance carrier for protection, not sure if they have any here. You may have a better case against the pool installation company if they improperly installed the drainage system so that it drained in such a manner as to damage your neighbor's property.

[Babubhat]

May want to Delete your post or it’s evidence it occurred prior to purchase. Let TV and your insurance establish the date

[tophcfa]

Be thankful you aren’t a County Commissioner, you would be looking at significant legal fees in an effort to stay out of jail for supposedly doing way less.

[Speedie]

Why not just offer to fix the drainage problem and repair any grass that was impacted.
Damage apparently came from your property. Now you are the owner.

Why waste time. TV just is asking to have their course repaired. If I was the owner, I would ask for the same thing. Suspect that you would too.

[Lottoguy]

Sounds to me like you could be suffering from great traumatic stress from The Villages? A counter suit showing a decline in your mental health and the long term effects is what a good (Morgan & Morgan) lawyer could argue. Good luck...

[Bogie Shooter]

Be thankful you aren’t a County Commissioner, you would be looking at significant legal fees in an effort to stay out of jail for supposedly doing way less.

Like lying……

[davem4616]

Is it likely that the prior owner or real estate agency that sold the home were aware of the damage and did not reveal or disclose the problem? Or perhaps tried to hide the issue? Your problem may not be with The Villages.

exactly

The Villages doesn't care who pays...as long as someone does...you're the easiest target

get a lawyer

[Garywt]

Depending on the cost, I would let the insurance lawyers work on it.

[Stu from NYC]

Get legal advise.

[bimmertl]

If The Villages sues you they will allege your negligence caused the damage. They will have to state a date you allegedly caused the damage. They would be stupid to state a date that occurred before you owned the property. So any complaint would show a date after you owned the property.

Your HO policy liability coverage covers such damages. The insurer will defend you and hire the lawyers.

Report this to your HO carrier. Don't accept a denial from your agent or broker. Any disclaimer of coverage has to come from the claim department of the insurance carrier. If you can report it directly to your HO coverage carrier use that option. Most carriers have an option to make a direct report.

While creating the above, I wondered what the FL statute of limitations was for property claims in FL. Here's a link. It's 4 years! So any lawsuit file after 4 years of the date of loss, would be invalid due to the statute. December 2017 loss is over 4 years ago and no suit has been filed.

What is the Property Damage Statute of Limitations in Florida? | Nolo (https://www.nolo.com/legal-encyclopedia/property-damage-statute-limitations-florida.html#:~:text=In%20Florida%2C%20a%20four%2D year,real%20property%20or%20personal%20property).

Bet the Villages knows this and is hoping you cough up some money. Next time you hear from them, clue them in on the statute.

I would still report it to your HO carrier.

[JP]

I haven't seen the damages but it seems like just fixing the problem would be a lot cheaper and less hassle than hiring an attorney and honestly it sounds like TV would win.

[TNLAKEPANDA]

Morgan and Morgan

[bimmertl]

I haven't seen the damages but it seems like just fixing the problem would be a lot cheaper and less hassle than hiring an attorney and honestly it sounds like TV would win.

They didn't file suit in time. The statute of limitations ran. Their claim for damages is barred by the statute.

[mgkw1]

An attorney will give you a free consultation. Take his/her legal advice, not ours
Bogan munns & munns charges you for a consultation. Only personal inury do not charge

[kkingston57]

Get a lawyer or pay the bill. Whichever is the least expensive would be my choice.

I was in the insurance adjusting business. This does appear to be a liability claim and should be reported to the insurance agent and/or insurance company who provided liability coverage at time of the incident.

[Aces4]

You may want to see if an Orlando newspaper or TV station would be interested in covering your claim.

[Koapaka]

Am I the only one wondering how many golf-front, private pool property owner exist that doen't know an attorney that is either friend/family member/or already listed on my cell phone speed dial? Get a consultation from a professional, it appears the safest course of action.

[spinner1001]

Prior to purchasing my golf front home, damage to golf course property did occur when the overflow from my pool created a rut on golf corse property. I can prove the damage was there before I bought the home.
The Villages refuses to accept my video proof. The video was created by the real estate when the home went up for sale. A drone view from atop my house clearly shows the damage.
The video was created in November of 2017. I closed on the house in December of 2017.
Does The Villages need to win a court decision before the bill they sent me is enforceable?
Although I feel that I have no liability in this matter, I tried to offer a settlement but they told me to get a lawyer. What should I do?

If you take it to a court of law, they have the burden of proof that you caused the damage. Outside of a court of law without formal rules, they try to shift the burden of proof to you to disprove their claim (you have tried that). Unfortunately, you may need to spend money on a lawyer to take it to court. There is a tradeoff for you between the size of their claim against you compared to what you may pay an attorney. (Talk with an attorney about their opinion of your tradeoff considerations and chance of success.)

An alternative is that you attempt to negotiate a lower amount to resolve the matter using the premise that you are otherwise going to take them to court where they must pay their lawyer, they have the burden of proof that you did the damage, and when you win the case they pay your legal fees.

Edit: Legally, it may get tricky whether they had a duty to timely file a claim against your property (before the sale) and failed to do so. Talk to a lawyer about this point.

[Rwirish]

Advice from a lawyer not a social media site.

[thevillages2013]

What is the amount of money they are suing you for?

[mrrmauu]

Fight.

Never let the size of the opposing party indimidate you.

Easy for me to say? Perhaps, but I did drag the IRS to tax court, their home turf, and prevailed.

I also took action against Toyota, the manufacturer, not a dealer. I won.

I sued an individual and title company over a failed home purchase. This was in Sumter county, the realtor was absolutely useless - I had to subpoena her. Yes, another win.

The point I want to get across is you have to fight to elevate your case to a level where you are dealing with a reasonable person. Rarely is this the first party that attempts to indimidate you with legal action.

Let me caution you that I was absolutely in the right in every one of these actions. Further, I had evidence to support me. I do not try to defend myself unless both of these are present.

BTW I never hired council in any of these actions

Remind me never to pi$$ you off.:a20:

[Sanford Epstein]

Get a lawyer and fight it.
TV will only play the "bully with legal standing" to a point, before they cave.

The problem might be finding a lawyer willing (and able) to take on TV!!!

The problem is no has identified themselves as a lawyer yet in response to your question. Are you making a big deal out of nothing in order to prove your point and ruin your "its a beautiful day in the Villages" theme which you are now wasting by aggravating yourself over a few dollars. Pay them, since you will have to eventually, after all you are dealing with a billion plus dollar a year company versus you. The Villages is Goliath and for some reason I do not think you are David!

[midiwiz]

i find it amazing how the OP got wiped out "magically", if these things 'were recorded and documented' it would make one heck of a court case in federal court.

[Tomptomp]

What is the amount of money they are suing you for?

$1060 but my landscaper said he could have fixed it for $400. The pool drain was rerouted before I took possession.

[Luggage]

For god sakes just give it to your insurance company to handle and go back to sleep

[angelscelebrate]

Morgan and Morgan
Will care less... no ambulance involved!

[Toymeister]

$1060 but my landscaper said he could have fixed it for $400. The pool drain was rerouted before I took possession.

I would write a check. Small claims filing cost is north of 250.00 in Sumter county.

You can do your own cost benefit analysis.

[Toymeister]

Duplicate

[jimkerr]

You’ve already admitted your pool issue was the cause so do the right thing, fix your problem and pay for the damage your pool cost.

[me4vt]

👍🏻👍🏻😉

[Altavia]

For god sakes just give it to your insurance company to handle and go back to sleep

Sounds like something that needs to be fixed no matter when it happened..

For a thousand dollars, I'd pay it myself to avoid a ding on my insurance record.

[OhioBuckeye]

Good Point! Your solution will probably only work if they just bought the home. Not if they already lived there for a yr. or more.

[JMintzer]

You’ve already admitted your pool issue was the cause so do the right thing, fix your problem and pay for the damage your pool cost.

The damage was caused BEFORE it was "his pool"...

Are you responsible for any tickets incurred or damage done by a used car you bought?

[Proveone]

Fight.

Never let the size of the opposing party indimidate you.

Easy for me to say? Perhaps, but I did drag the IRS to tax court, their home turf, and prevailed.

I also took action against Toyota, the manufacturer, not a dealer. I won.

I sued an individual and title company over a failed home purchase. This was in Sumter county, the realtor was absolutely useless - I had to subpoena her. Yes, another win.

The point I want to get across is you have to fight to elevate your case to a level where you are dealing with a reasonable person. Rarely is this the first party that attempts to indimidate you with legal action.

Let me caution you that I was absolutely in the right in every one of these actions. Further, I had evidence to support me. I do not try to defend myself unless both of these are present.

BTW I never hired council in any of these actions
Wow! I'm "impressed".

[blueash]

OP, are you actually being sued? You received a formal legal summons to appear in court to answer a civil claim? Or did you get a letter from TV telling you they believe you are liable for damages? If you really are the defendant in a lawsuit, you need to respond. You can accept responsibility, deny responsibility, or offer to settle.

Maybe they will allow your landscaper to do the work for $400. Hopefully you have corrected the drainage from your pool so there is no ongoing damage. I see where you wrote it was re-routed, but was it re-routed wrongly which caused the damage, or re-routed to correct the issue?

[Proveone]

The damage was caused BEFORE it was "his pool"...

Are you responsible for any tickets incurred or damage done by a used car you bought?
Contact your homeowner's insurance company. They have to defend you. They also may go after the previous owner and realtor.

[tophcfa]

Sounds like the OP has a self leveling pool that automatically drains water when there is lots of rain and automatically adds water when it’s necessary. Self leveling salt water pools obviously drain salt water, which kills all vegetation in the drainage path. The draining is gravity fed and the plumbing is permanently buried below the pool deck, so it could be very difficult and costly to permanently fix the issue. Simply fixing the drainage damage will only be temporary without fixing the actual cause of the problem.

It seems to me that both the pool installer and the relative building inspector both failed to adequately do their job, as this should have been foreseen and prevented during the pool construction. If the pool installer was T&D, it explains why the OP is the target, since T&D and the other party are joined at the hip.

[Topspinmo]

An attorney will give you a free consultation. Take his/her legal advice, not ours


Free??? I don’t think so.

[jfkilduff]

Something is really out of place here; I have been designing houses and swimming pools and septic systems in Southwest Florida for over 30 years. Have also been providing builders with site and DRAINAGE plans. Every site and drainage plan I've ever designed has a perimeter swale that diverts rainwater (pool overflow water etc.) off property and NOT ONTO NEIGHBORING PROPERTIES. I'm pretty sure this type of design is a requirement in every municipality in Florida.

[Wdixied]

We almost bought a home that would have potential problems with the tree roots. TV were willing to send out someone to look to see if it would pose a problem later. Thank goodness we halted before it became an issue,.

[Topspinmo]

Morgan and Morgan

There not going to touch that, not enough money in it for them.

[mydavid]

Thank you all What did you expect from the most friendly hometown.:welcome:

[DaleDivine]

Get legal advise.
And here I thought everyone on ToTV had a law degree.
:shocked::shocked:

Morgan and Morgan
I saw in last years Daily Sun in the delinquent property taxes, Morgan and Morgan was listed as being delinquent. Not sure I would want them if they can't afford to pay their property taxes...
:bigbow::bigbow:

[joelfmi]

Thank you all
In any situation, be optimistic about the result, but always be ready for the worst outcome.

[Sharon5]

Thank you all

Check out the Florida Bar Association. You can get a half hour consultation with a lawyer for $25. There is also an elderly referral program you might qualify for. Information on their site.

[Catalina36]

Thank you all

The Villages just doesn't go around suing homeowners for no reason. I am certain even without knowing the facts there must be a valid reason. If there is a misunderstanding of payments or property maintenance or a violation of some sort. I am certain you should be able to work it out without hiring a lawyer.

[DAVES]

See if small claims court might be an option.

I've used small claims court twice in my life. I won both times and I collected both times.
That is unusual. Many times people win but never collect.

When, I did it is was a people's court. I would suggest anyone who choses to do this does some reading. You must dot the i's and cross the t's. Too often the business is just a $10 pile of business cards. Aside when I did it to file was like $20. I was informed that here the court charges you a percentage of the amount you sue for and it is significantly more than I paid in another state-years ago

[DAVES]

Is it likely that the prior owner or real estate agency that sold the home were aware of the damage and did not reveal or disclose the problem? Or perhaps tried to hide the issue? Your problem may not be with The Villages.

"Not aware of the damage and did not reveal of disclose the problem." Been there done that. A common tactic of a attorney is to claim they were not aware. We've seen this tactic used over and over again. It is easy to claim you should have known. Proving that anyone knew something is far more difficult to PROVE.

[DAVES]

Bogan munns & munns charges you for a consultation. Only personal inury do not charge

Like so many other things in life it is what you agree to. I would call the bar association.
In terms of personal injury, the term is contingency. They advertise they only get paid if you WIN. They are fishing for easy to win cases. Most cases never go to court, they are settled. The pitch goes something like the attorneys get 30% PLUS EXPENSES. The television ads they got us ???????????? Do you think those people are not paid for the ad? After EXPENSES, drove to court, food etc etc etc the injured party gets like half of what is collected. The initial visit is often not billed. It is to discuss the merits of your case.

[mtdjed]

I suspect we do not know all the facts. The Villages would not sue the wrong person if any at all for a small amount of damage. I would suspect an ongoing problem that is not being fixed.

If you have an ongoing problem that you bought into, which causes problems to others, you may have to correct. It would then be up to you to recover from the prior owner if possible, or inspectors, or realtors.