The Villages is suing me ! The Villages is suing me ! - Page 2 - Talk of The Villages Florida

The Villages is suing me !

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  #16  
Old 02-20-2022, 10:18 AM
Bogie Shooter Bogie Shooter is offline
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Originally Posted by tophcfa View Post
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……
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  #17  
Old 02-20-2022, 11:39 AM
davem4616 davem4616 is offline
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Originally Posted by mtdjed View Post
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
  #18  
Old 02-20-2022, 11:51 AM
Garywt Garywt is offline
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Depending on the cost, I would let the insurance lawyers work on it.
  #19  
Old 02-20-2022, 01:26 PM
Stu from NYC Stu from NYC is offline
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Get legal advise.
  #20  
Old 02-20-2022, 01:52 PM
bimmertl bimmertl is offline
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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.

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.
  #21  
Old 02-20-2022, 02:43 PM
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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.
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  #22  
Old 02-20-2022, 03:20 PM
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Morgan and Morgan
  #23  
Old 02-20-2022, 04:52 PM
bimmertl bimmertl is offline
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Originally Posted by JP View Post
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.
  #24  
Old 02-20-2022, 05:35 PM
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Originally Posted by Papa_lecki View Post
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
  #25  
Old 02-20-2022, 06:20 PM
kkingston57 kkingston57 is offline
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Originally Posted by mikreb View Post
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.
  #26  
Old 02-20-2022, 07:04 PM
Aces4 Aces4 is offline
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You may want to see if an Orlando newspaper or TV station would be interested in covering your claim.
  #27  
Old 02-20-2022, 07:44 PM
Koapaka Koapaka is offline
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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.
  #28  
Old 02-20-2022, 11:19 PM
spinner1001 spinner1001 is offline
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Quote:
Originally Posted by Tomptomp View Post
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.

Last edited by spinner1001; 02-20-2022 at 11:28 PM. Reason: Added another point.
  #29  
Old 02-21-2022, 05:51 AM
Rwirish Rwirish is offline
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Advice from a lawyer not a social media site.
  #30  
Old 02-21-2022, 05:54 AM
thevillages2013 thevillages2013 is offline
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What is the amount of money they are suing you for?
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