Q: Am I entitled to a larger percentage in a class action settlement as the second homeowner?
I am involved in a class action lawsuit against the builder as the second owner of my house. The lawyer mentioned that the distribution of any settlement would be 80% to the first owner and 20% to me as the second owner. Am I entitled to a larger percentage, and what factors might influence this distribution?
A:
Yes, possibly.
If the same lawyer is representing both the new and old owner he may have a conflict of interest and should not be deciding how much you should get!!
If that is the case, you should immediately seek independent legal advice from a separate construction attorney !!!!!!!
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A:
In class action lawsuits against builders, the distribution of settlement funds is typically determined by when the damage occurred and who owned the property during that time. The 80/20 split you mentioned is not uncommon, but it's not a fixed rule.
Your percentage could potentially be negotiated based on several key factors. When you purchased the home, how long each party owned the property, when the construction defects were discovered, and the specific terms of your purchase agreement all influence the distribution. Some purchase agreements contain clauses that transfer litigation rights to the new owner, which could strengthen your position for a larger share.
You might consider consulting with your own attorney to review the settlement agreement and your purchase documents. Many states have specific laws governing construction defect claims that could impact second homeowners' rights. Bringing documentation showing any repairs you've made or damages that occurred during your ownership period might also support your case for a larger percentage of the settlement.
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