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uslawyer2004に今すぐ質問する
uslawyer2004
uslawyer2004, 弁護士
カテゴリ: アメリカの法律
満足したユーザー: 193
経験:  ワシントン州及びハワイ州弁護士。シアトル空港近くにて、同じく弁護士の夫と法律事務所を共同経営。元検事。法務博士(Juris Doctor)。William Mitchell College of Law及び同志社大学卒業。
73509896
ここに アメリカの法律 に関する質問を入力してください。
uslawyer2004がオンラインで質問受付中

Hello. Previously, I posted the following question at Justanswers.com.

質問者の質問

Hello. Previously, I posted the following question at Justanswers.com. Could you read it?

"I owned an apartment in NY state between 2009 and 2012. I sold it in 2012. Then, since I'm a Japanese national, I had to pay 10% of the total cost to IRS. All foreign people who sell their real estate properties in the U.S. are required to do so according to the federal law. However, they can get a full refund the next year after the buyers of their real estate properties or their lawyers send some documents to IRS. I was supposed to get a full refund by the end of September 2013 after the real estate lawyer of the buyer of the apartment submitted some documents to IRS. The amount of the refund is supposed to be approximately $94000.

However, I haven't received it yet because his lawyer has refused to submit the necessary documents to IRS.

What the lawyer is doing is sabotage. Since he is a licensed real estate lawyer in NY state, he knows what he is supposed to do. I and my real estate lawyer asked him for the document but the buyer's lawyer has refused to do so to this day. I don't know if a mere sabotage will be considered a serious offense in court. However, it has caused a big financial pain for me.

Since I'm fighting for a case for which I'm not to blame at all, I'd like to demand the defendant my lawyer's fee and other legal fees (court fees , etc). Do you think it's proper to include such fees in the amount of compensation money I demand to the defendant?

Also, would it be possible to demand him compensation money based on the number of days he sabotaged? For example, I was supposed to receive the above refund by the end of September 2013, only if the lawyer had submitted the necessary documents to IRS. Now, it's December 10. Do you think it's proper to demand him $7000 because his sabotage caused a delay of 70 days ($100 a day, from October 1 to December 10)?

Aside from the above amount, I'll have to pay $8000 or $10000 to my lawyer. Therefore, the total amount I demand to the defendant will be somewhere between $15000 and $17000. What do you think of this plan?

Incidentally, all parties involved in this matter are based in NY (the buyer, his lawyer, my lawyer) except that I now live in Japan. Therefore, I plan to sue the buyer's lawyer at the NY civil court. Of course, I can go to NY to attend trials.

I'll appreciate all serious and kind opinions."
投稿: 3 年 前.
カテゴリ: アメリカの法律
専門家:  uslawyer2004 返答済み 3 年 前.
"I owned an apartment in NY state between 2009 and 2012. . . . The amount of the refund is supposed to be approximately $94000."
- I don't know about this, but let's assume that this is true.

"Since I'm fighting for a case for which I'm not to blame at all, . . . Do you think it's proper to include such fees in the amount of compensation money I demand to the defendant?"
- It sounds like it's ok to demand attorney fees if the defendant is at fault.

"Also, would it be possible to demand him compensation money based on the number of days he sabotaged? . . . Do you think it's proper to demand him $7000 because his sabotage caused a delay of 70 days ($100 a day, from October 1 to December 10)?"
- You can ask an award of interest to the court, instead of late penalty. If you ask as a late penalty, you would need a documentation to support it. If interest, you can base it on either a contract, statute or court order. I do not know which court you are going, but for your reference, New York City Civil Court has a published interest rate.
http://www.courts.state.ny.us/courts/nyc/civil/judgments_atty.shtml#interest

"Aside from the above amount, I'll have to pay $8000 or $10000 to my lawyer. Therefore, the total amount I demand to the defendant will be somewhere between $15000 and $17000. What do you think of this plan?"
- The total amount would be a combination of damages, attorney fees and costs, and interest.

"Incidentally, all parties involved in this matter are based in NY (the buyer, his lawyer, my lawyer) except that I now live in Japan. Therefore, I plan to sue the buyer's lawyer at the NY civil court."
- You need to discuss with your lawyer which court you are filing a complaint. If you file a complaint to a wrong court, it will be dismissed. If your claim is based on federal law, then you may need to file it to a federal court in New York.
専門家:  uslawyer2004 返答済み 3 年 前.
I have responded to your questions. Just for your information, this question will expire in one week from the date you posted. If you have additional question to ask, please let me know before the expiration.

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