Posted on 04/04/2024 7:44:45 AM PDT by fwdude
An elderly, single friend of mine had to quickly downsize due to some health issues and contracted with an estate liquidator, with my help. The liquidator was listed as a preferred servicer in some trusted real estate literature, so we thought it would be safe. It was an off-site sale since his home needed to be empty for listing (long story) and the liquidator said it would be 30 - 45 days for settlement of the sale. Contracted movers were very friendly, local, and vouched for the estate liquidator.
More than six months later and dozens of calls, and the liquidator has not followed through with anything except empty promises. We heard "check's in the mail" more than 5 times, with nothing materializing.
My question is what route to take in filing a civil suit. What kind of lawyer is best for this situation? Are the elder-issue attorneys which specialize in this kind of theft? Anyone else experience this kind of thing?
Was the property sold? Has anybody looked at the contract?
My parents once faced a somewhat similar situation.
Any attorney who handles contract law could help. I don’t think an elder law attorney would be particularly helpful for this claim (but would be for planning/aging type issues).
Many states have a seniors sevices agency that handles elder abuse cases and they would probably have helpful information.
This might even rise to a criminal act rather than just a civil dispute.
Reporting them for elder abuse might be the fastest way to shake the check loose.
Here are some routes to try before the expense of suing:
Call AARP and ask for advice.
Contact your state’s consumer protection office.
Some states also have Departments of Aging.
Write a letter to the liquidator spelling out all promises and dates and your complaint, with a CC on the bottom of it to your state’s Attorney General, the Better Business Bureau, anyone you think would have authority — and send copies to the CC’s.
I know that FReepers will excoriate me for not having a piece of paper, but a verbal contract is binding. We have her dead to rights.
I’ve checked with various levels of law enforcement and prosecutors in my area and they all say it’s a civil issue.
One lawyer I talked to said the civil route would be the best because he would be able to recover substantial damages that way that he wouldn’t collect in a criminal case.
A little hard to follow from your description.
Did someone take the proceeds of the sale of the real-estate?
Or are you saying someone was supposed to sell the furniture etc. and send some portion of funds related to the sale of those items?
I was pretty clear.
The liquidator had a mover empty his house to sell the items offsite in various markets (antique malls, online, etc.) The terms were settlement in 30 to 45 days after possession of the items, 50% of the proceeds to the liquidator, 50% to the seller.
Have you visited the liquidator in person? Who regulators liquidators in your community or state? Maybe file a small court claim for the full anticipated value of the liquidation. Let them explain it to a judge, else pay up in advance.
A quick search for Elder Financial Abuse Attorney finds lots of attorneys specializing in this area. Of course, you need to find a good one who himself isn't a crook.
My sisters and I were blessed because our dad was so financially capable and a fantastic planner. He seriously downsized in his late 60s when they sold their big colonial house and moved to a townhome. They had several garage sales and donated lots to charities. When a new senior living center was announced near them, Dad went to the first meeting and made a deposit on the spot. They downsized again and moved into the senior center.
Dad had always trusted and worked with Merrill Lynch for financial management, so that base was covered. He also was able to get his severely mentally handicapped daughter (my sister) admitted a a Devereaux Foundation group home so she would be taken care of. By the time he and mom passed, there was little to dispose of, our sister was taken well care of, and finances were under control and protected from fraud.
When I read a horror story like yours, I can't help but think how lucky us kids are for having a Dad who did such great end-of-life planning. It saved us a lot of potential grief. Thanks, Dad!
There's a lesson there for all of us. Do the necessary planning in your later years so your assets are protected and your kids aren't burdened.
I hope you are able to recover your friend's money. Best of luck to you.
There, you already have your answer. Have the lawyer sue them! Easiest path.
Verbal agreements are enforceable—ok.
However a verbal contract is to a written contract as dog food is to caviar.
Technically both are “food”.
No, a verbal contract is just as enforceable. Take a basic course in contract law if you need help.
We have copious enough communications that the facts of the agreement are established.
Ask any attorney if they would prefer to work with a verbal contract or a written contract.
You will get the same answer every time.
The communications more than establish a written contract.
“I was pretty clear.
The liquidator had a mover empty his house to sell the items offsite in various markets (antique malls, online, etc.) The terms were settlement in 30 to 45 days after possession of the items, 50% of the proceeds to the liquidator, 50% to the seller.”
Still not clear!
Don't take this as excoriating but it would have been wise to have it in writing. I hope you have them dead to rights but that is harder to prove without a written contract, not impossible, just more difficult. An attorney will likely be more excoriating in telling you the same thing.
If you have worked with attorneys in the past, ask one of them for guidance. Even if it isn't their area, they are generally good at directing you to someone with the proper skills and expertise. Sometimes, in a case like this, all it might take is a letter from a law firm to get the situation resolved. If the estate sale agency knows it is in the wrong, it won't want to go to court.
Might even contact your local news station (some have a consumer fraud dept). Perhaps a call from them to do a story will kick that check loose.
Yeah, that's what I'm hoping.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.