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The Pirate Captain posted:There is a golf course in my town that just went out of business and they’re accepting offers for any portions of it in units of one acre rather than selling it all at once (I think they tried and had to shut down when they couldn’t). There is a large hill there that the local kids all use for sledding in the winter but will probably go away when everything is broken up and sold. We’re not near any big cities or anything so the land is relatively cheap, and I could, in theory, buy up the 5 or 6 acres that comprise the hill for not all that much in order to preserve it for sledding. I’m probably not going to do it, but it’s fun to fantasize. premises liability, attractive nuisance, etc. is all super slushy. Yeah, maybe you're liable, maybe not, depends on what the property is like, what you allow, what you say on the sign, etc. Also, Cities don't have to accept dedications of property, you would have to clear that with the municipality first.
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Sep 1, 2023 17:17
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I have a property question. Lets say you own property on a shoreline and water levels rise and completely submerge the property. Do you still own that land?
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Sep 1, 2023 18:24
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CongoJack posted:I have a property question. Lets say you own property on a shoreline and water levels rise and completely submerge the property. Do you still own that land? Permanently submerged? Short answer, no. Long answer, are the waters navigable?
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Sep 1, 2023 18:43
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joat mon posted:Permanently submerged? Short answer, no. What if I built a house on stilts and the water level rises? I remember seeing houses like this before so in that case what would happen? What happens if you owned some coastal property that was submerged but then like 50 years later the water level recedes and the land is back, do I own it again? If I don’t who does? This is all hypothetical but it’s something I’ve wondered about.
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Sep 1, 2023 20:21
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In the SF bay area they plotted out and sold land that was still underwater so I'm gonna say the "no you don't own it" answer actually varies by state and maybe municipality too. Apparently still happens, even. https://abc7.com/underwater-property-sale-sf-candlestick-water-lot-real-estate-news-housing-market/10621611/
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Sep 1, 2023 20:28
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Isostatic rebound is raising land level faster than sea level is rising where glaciers have melted in Alaska Greenland etc, so if you have beachfront property you’re either getting more land for free or maybe eventually there’s enough new land to sell it to someone and all of a sudden you don’t have beachfront property anymore.
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Sep 1, 2023 20:44
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bird with big dick posted:Isostatic rebound is raising land level faster than sea level is rising where glaciers have melted in Alaska Greenland etc, so if you have beachfront property you’re either getting more land for free or maybe eventually there’s enough new land to sell it to someone and all of a sudden you don’t have beachfront property anymore. .... So do I sell the house to Aquaman or not?! I need a straight answer here!
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Sep 1, 2023 23:12
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If you live in the lower 48: yes. If you live in Alaska: no. Non sequitur: Which state are product liability lawsuits normally filed? Where the product was purchased? Where the purchaser lives? Where the injury occurred? All of the above? All I can find from googling is that you probably won't have any luck filing them in a state where the product isn't sold/marketed.
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Sep 2, 2023 16:03
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bird with big dick posted:If you live in the lower 48: yes. If you live in Alaska: no. Wherever the plaintiff’s attorneys think they’ll get the most sympathetic judge and jury.
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Sep 2, 2023 17:54
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Goon lawyers — I was wondering if one of you could point me in the right direction of a good way to look previous cases/state level rulings/decisions on matters that is free or cheap (my impression/what I’ve heard is that LexisNexis is the place to go for this, but is costly — not sure if that impression is valid though). What I’m looking into is potentially obscure.
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Sep 4, 2023 01:54
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Saxon posted:Goon lawyers — I was wondering if one of you could point me in the right direction of a good way to look previous cases/state level rulings/decisions on matters that is free or cheap (my impression/what I’ve heard is that LexisNexis is the place to go for this, but is costly — not sure if that impression is valid though). What I’m looking into is potentially obscure. Try Google Scholar. It’s free.
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Sep 4, 2023 01:57
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Google scholar has a bunch of caselaw on it. You’re probably not going to find anything remotely like lexis’ shepardizing or westlaw’s keynote system with it, but it is a decent starting place if you have nothing else. If you’re connected to an academic institution, check with your library and see if you have access to nexis uni which can do most lexisnexis searches. E:f;b.
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Sep 4, 2023 01:57
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Thank you both! I’ll play around with Google Scholar a little bit more (I didn’t find all that much when I looked, but maybe if I do a few “or” searches I can cast a bigger net). If what I am looking for isn’t on there, do either of you know of something that’s reliable and a intermediate pay cost? ($50-250ish for a single month? It appears that LexisNexis and Westlaw are annual to a tune of thousands)
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Sep 4, 2023 03:26
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What're you looking for?
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Sep 4, 2023 03:54
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Case text is $220 a month for a per month subscription, based on what I saw on their website.
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Sep 4, 2023 04:22
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Arcturas posted:What're you looking for? Not to get too specific, I am trying to find different state-level decisions/judgements by either state officials/administrative judges about the implementation of a Federal law. In the course of looking into things, I stumbled upon a research paper (through Google Scholar) that referenced a few such determinations/proceedings, but was unable to find anything about the items referenced on Google Scholar or by a general Google search. I want to be able to find the full state-level decision from at least one of those items referenced by the paper, and more broadly be able to tap into something that searches some or all of the state-level decisions/rulings/outcomes as a whole. EwokEntourage posted:Case text is $220 a month for a per month subscription, based on what I saw on their website. Ah thank you, that might be workable! Have you used this before/did you like it? Can you download PDFs from this?
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Sep 4, 2023 04:43
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I’ve used casetext. We used it a lot more before it went all subscription. I’m sure you can download PDFs from it. What you are looking for is very specific and you’re likely gonna have to pay out the rear end to westlaw or lexis for it, if they even have it EwokEntourage fucked around with this message at 05:09 on Sep 4, 2023 |
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Sep 4, 2023 05:03
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I would suggest asking the librarians at your local law school to help you
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Sep 4, 2023 05:16
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"State-level" and "administrative" sound like trial court proceedings. Those are generally not published. Only appellate decisions are published in the sense that they are widely available and searchable, including on Google Scholar. So if your issue hasn't made it to the appellate level it will be tough to find anything on the internet. Usually it takes years for anything to get to the appellate level, especially via the administrative law route. If you want those trial court pleadings they're all public and you can go down to the courthouse and ask for a copy, but the hard part is knowing of their existence.
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Sep 4, 2023 17:24
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On that note, different states have different public records laws. You might be able to find stuff (with some sort of case information) online for Florida via county clerk websites. You won’t be able to do that for a lot of states.
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Sep 4, 2023 18:10
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EwokEntourage posted:I’ve used casetext. We used it a lot more before it went all subscription. I’m sure you can download PDFs from it. Hieronymous Alloy posted:I would suggest asking the librarians at your local law school to help you BigHead posted:"State-level" and "administrative" sound like trial court proceedings. Those are generally not published. Only appellate decisions are published in the sense that they are widely available and searchable, including on Google Scholar. So if your issue hasn't made it to the appellate level it will be tough to find anything on the internet. Usually it takes years for anything to get to the appellate level, especially via the administrative law route. If you want those trial court pleadings they're all public and you can go down to the courthouse and ask for a copy, but the hard part is knowing of their existence. Thank you all for your help with this! I might look into getting casetext before going all in on Westlaw or Lexis.... Fortunately it seems like there actually might be a public Westlaw terminal nearby. Hopefully I can find what I am looking for on that. With regards to what I am looking for potentially be trial court proceedings, would that be something that Westlaw/LexisNexis would even have then? Mr. Nice! posted:On that note, different states have different public records laws. You might be able to find stuff (with some sort of case information) online for Florida via county clerk websites. You won’t be able to do that for a lot of states. Ah, that is really good to know -- I'll try to also look at a few county/state clerk websites (maybe I'll get lucky with some of the bigger States).
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Sep 4, 2023 19:42
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I bought a car with so much undisclosed structural rust damage that it has been deemed unsafe to drive. The selling dealership explicitly told me there was no rust. Nothing is listed in the damage disclosure statement. So I think I have cause for action to hopefully get the sale reversed even though it was a no-warrenty as-is purchase, and the state of purchase's lemon law is entirely irrelevant. At least the dealership that found the rust when I took the vehicle in for service said it isn't legal to sell an unsafe to drive vehicle to a consumer. The vehicle is older and under 10k so I think this is small claims territory. I haven't actually talked to the dealer about this, I want advice on how to have that conversation. I purchased the vehicle in another state and a couple hours away. Should I look for attorneys local to myself or closer to the location of the sale? What sort of attorney even am I looking for?
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Sep 7, 2023 16:45
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I mean this is squarely what lemon law is for, are you sure it's irrelevant? If I were you I'd look for an attorney who could tell you that in the consultation
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Sep 7, 2023 17:13
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Location of the sale, and yes you want a lemon law attorney.
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Sep 7, 2023 17:24
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Where are y'all that Lemon laws are for used cars?
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Sep 7, 2023 17:31
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I thought lemon laws were more "the starter is hosed up in a way we don't seem to be able to diagnose" not "this car was actually in a flood and we pretended that it was not," this feels more like outright fraud.
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Sep 7, 2023 17:33
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toplitzin posted:Where are y'all that Lemon laws are for used cars? We have a used car Lemon law here in Arizona. They do exist.
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Sep 7, 2023 17:33
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Big Bowie Bonanza posted:We have a used car Lemon law here in Arizona. They do exist. Lol quote:In Arizona, used car buyers have less protection, according to the Arizona Lemon Law, because used cars are often known for having mechanical issues. Some of the issues may not even present themselves until it has changed ownership. Protection is provided for 15 days or 500 miles of travel, whichever comes first.
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Sep 7, 2023 17:36
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as a car guy, 15 days or 500 miles is actually an extremely long time to diagnose if there's a major issue, dunno what there is to lol about that eta: the law also caps your out of pocket cost at $25 for the first two repairs and then you can recover the whole cost of the vehicle
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Sep 7, 2023 17:37
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Sub Rosa posted:I haven't actually talked to the dealer about this, I want advice on how to have that conversation. I think you should send them an email that says you found out the car you bought from them has a frame so badly corroded that it's unsafe to drive and you want to return it for a full refund. There's a nonzero chance they just do so despite there being no warranty and that would save you a lot of additional effort. Once they (probably) say "no" you'll have what you need in-hand to take to an attorney. I am not a lawyer but time is of the essence and I think establishing as soon as possible that you have attempted to return the car for a refund, stated why, and gotten a response that qualifies as evidence, can't possibly be a bad move.
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Sep 7, 2023 17:45
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Big Bowie Bonanza posted:as a car guy, 15 days or 500 miles is actually an extremely long time to diagnose if there's a major issue, dunno what there is to lol about that actually not that bad
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Sep 7, 2023 17:59
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toplitzin posted:Where are y'all that Lemon laws are for used cars? You're confusing lemon laws with lemon lawyers. A lemon lawyer will know all about whatever used car laws exist too.
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Sep 7, 2023 18:33
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Just watch out for sovereign citruszen types, their advice may further sour your situation
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Sep 7, 2023 18:38
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The lemon law lawyers I've called have all said very quickly they don't take cases on vehicles that aren't covered by the state's (NC) specific lemon law statute, which only covers recent model vehicles with warranties and such. Actually called a bunch of random lawyers and got nowhere, so I've put in a request with the state bar referral service.
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Sep 7, 2023 18:42
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Sub Rosa posted:I bought a car with so much undisclosed structural rust damage that it has been deemed unsafe to drive. The selling dealership explicitly told me there was no rust. Nothing is listed in the damage disclosure statement. You want a plaintiff's attorney in the dealer state. I've had a cases that fit this exact fact pattern and got settlements for more than the value of the car in Florida. You could look up personal injury attorneys in the area of the dealership and ask if they take these kinds of cases or if they know who does.
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Sep 7, 2023 18:44
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Mr. Nice! posted:You want a plaintiff's attorney in the dealer state. I've had a cases that fit this exact fact pattern and got settlements for more than the value of the car in Florida. You could look up personal injury attorneys in the area of the dealership and ask if they take these kinds of cases or if they know who does. Wow! There have been a lot of people around me "joking" that the easiest way to get out of this is wreck the car, but yeah at this point there is no "personal injury" to speak of. So far I haven't made it past the phone answerer anywhere I've called. They just refer me to the state Bar service. The state Bar service referred a dude that doesn't answer the phone with a full voicemail box. So I'm kinda stuck. Looked through my documents and there is this damage disclosure statement:  I'm not sure if it really helps me but it certainly doesn't hurt me. Also the car was bought by the dealership from carmax, who bought it from the previous owner. I don't know if that matters, probably not, just seems like carfax is a bigger wallet to try to dangle to find an attorney to actually talk to me? But I'm super curious what carfax knew and conveyed to the dealership I bought it from.
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Sep 7, 2023 19:46
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I said personal injury lawyers because they're typically well connected with general plaintiff lawyers if they aren't themselves. My old boss was primarily a personal injury attorney but we did a lot of stuff outside of that, including suing dealerships for selling rusted out cars. That's why I suggested them as a starting place unless you're able to search "dealership location auto lemon law attorney" and actually get a hit that's not just some bullshit aggregator website.
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Sep 7, 2023 19:56
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Sub Rosa posted:Wow! There have been a lot of people around me "joking" that the easiest way to get out of this is wreck the car, but yeah at this point there is no "personal injury" to speak of. None of that helps you. Rust is not an "occurrence", and almost certainly did not occur because of an undisclosed flood. Plenty of clean-title cars rust out. Carmax and Carfax are two entirely separate companies but it doesn't matter how many other owners the vehicle had before you, your transaction is with the selling dealer only. For a 15 year old vehicle I suspect the sale was "as is where is", and in a state where there is no used car lemon law, your expectations of any recovery here should be extremely low. You aren't finding any lawyers willing to take this on because this is tilting at windmills.
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Sep 7, 2023 20:06
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I didn't see if you had contacted any lawyers yet or not, but if you have and they've all said you're hosed then you're hosed. Recovery in this type of situation is going to be jurisdiction dependent.
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Sep 7, 2023 20:26
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No one said I was hosed, they just said they didn't do it.Leperflesh posted:I think you should send them an email that says you found out the car you bought from them has a frame so badly corroded that it's unsafe to drive and you want to return it for a full refund. There's a nonzero chance they just do so despite there being no warranty and that would save you a lot of additional effort. So, uh, this worked. They are going to buy it back.
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Sep 7, 2023 20:32
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