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Thomas Edward Cardone

Thomas Cardone’s Answers

48 total


  • Potential Construction Defect with a recurring water leak from the ceiling in a top floor Unit of a high rise condominium in GA.

    We live on the top floor in a highrise Condominium unit that has leaked a profuse amount of water, to the point of soaking the floor, for the third time now. This last time, the condo staff contacted us to enter the unit because the unit below ha...

    Thomas’s Answer

    You and/or your condominium association may have various potential claims against the developer of the condominium, the property management company, and the condominium association, among others. These types of cases are fact intensive, and if you are serious about investigating your options you should contact an attorney immediately. It is important you do not miss any applicable statute of limitations or deadlines. Among other issues, an attorney will review relevant dates, the obligations imposed by the condominium's governing documents, and other relevant facts of the case to determine what claims you may have, whether insurance exists to cover your damages, and who may be held responsible.

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  • How do I resovled a brick issue on my new Townhome purchased in 2010

    The bricks are chipping, (deteriorated) there is mortar on the exterior of the bricks, the home was built in 09/2010. The mason workmanship was shabbily constructed, I have inform the builder (Ashton Woods) several times about my concerns, unfor...

    Thomas’s Answer

    You may be able to rely on the terms of your purchase contract or any warranties provided by the developer, pursuant to which they may have agreed to repair any faults or defects discovered in a period of time after purchase. You may also--or in the alternative--have the right to bring a construction defect claim against the developer and any contractors who may be responsible for the faulty work. A consultation with an attorney would be necessary to determine the extent of your rights.

    Due to the fact that you live in a town home, the issue may be complicated a little due to the fact that you may have to involve your community association with respect to any exterior faults which may be common property. An attorney would have to review your community's governing documents, if any, to determine if that is an issue.

    You may also have to comply with the Right to Repair Act, which generally grants contractors and developers the right to repair any defect before you may file a lawsuit. The Act also has specific notice requirements and procedures that you would have to follow.

    If your requests to the developer and/or community association have gone unanswered, it may be best to consult with an attorney to review the issue, establish your options, and begin the demand/pre-litigation process. Because of strict legal requirements and statute of limitation issues, it is in your best interests not to delay in selecting and retaining an attorney.

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  • Should we have to pay for power lines to be moved if no easement was granted the power company to cross our property?

    Our church is wanting to add a fellowship hall to existing building but the over head power lines are in the way. Ga power wants to charge the church $10,000 to move them. IF we never signed an easement , why should we have to pay to have them moved?

    Thomas’s Answer

    If the power company has no right to have their power lines over the church's property (i.e. there exists no easement under any theory of law), it is possible that the power company is trespassing and should be responsible for the cost of moving the lines. You mentioned in your problem summary that the church apparently never signed an easement. Among other possibilities that would require further investigation, it is possible that the easement existed prior to the church's use of the land or that someone else previously granted an easement.

    It may be beneficial to hire an attorney in this case, even if for the limited purpose of writing a letter to the power company and obtaining further information. If the situation cannot be resolved amicably, having an attorney knowledgeable of the situation from the outset would help in any potential litigation.

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  • Looking for lawyer to handle magistrate's court property damage/breach of contract claim on contingent fee basis.

    Damage = $15,000 (jurisdictional limit). Action in North Fulton County, Georgia against an international moving company, operating in GA and US through designated agents.

    Thomas’s Answer

    There are some experienced attorneys who may be willing to work on a contingency basis on this claim in magistrate court, but they may require a hybrid flat fee/contingency agreement. Such an agreement would ensure the attorney is paid at least something if you lose the case or win but cannot collect.

    The fact this case apparently involves an "international" moving company and "agents" raises a couple of caution flags, however. Among other potential pitfalls, there may be jurisdictional problems and problems collecting if you win.

    Before agreeing to take your case, any attorney would want to speak with you in person or over the phone to obtain further details. As the prior attorney said, it may be better to file in state or superior court. But, these are decisions for you and your attorney to make.

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  • I am looking for a good tort real estate attorney (landlord tenant) to represent me in superior court for set fee. Atlanta

    I sued my tenant for having a dog and for backing up my sewer. She counterclaimed. It went from small claim to superior because she said she was bipolar and Judge there said they had no proof that I knew about her being bipolar. That pro bono atto...

    Thomas’s Answer

    In order to determine whether the case could be adequately handled on a flat-fee basis, any attorney would need to discuss with you, in person or over the phone, more details of your case. Based on the information obtained/provided in a client interview, an attorney will be able to let you know whether he or she can represent you and how much it may cost in light of the complexity of the issues presented.

    If you continue to have difficulty finding an attorney, try the Georgia Bar Association's Military Legal Assistance Program:

    http://www.gabar.org/publicservice/militarylegalassistance.cfm.

    They may be able to assist you in locating an attorney.

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  • How does one get listed with existing plaintiffs on a temporary order for injunctive relief? Is a lawyer required?

    Private road originating through defendant property only ingress/egress to properties beyond. Defendants want to bar access via road, essentially land-locking me. Certain plaintiffs have restircted access and want to be granted same until final d...

    Thomas’s Answer

    Even if you are able to represent yourself in this matter, it is probably best to retain an attorney. Various legal and equitable principals seem to be at issue in this case, and it may be difficult for you to adequately argue your rights on your own.

    You should not rely on others to address or protect your rights. If your rights are being affected, you should join the case or initiate your own, whether you intervene in the current lawsuit or file a new civil action.

    Because it appears this issue may be complex, I would strongly encourage you to contact your own legal counsel.

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  • I need to recoup my costs for a mechanics wrongdoing that resulted in over $7k of expenses.

    I had my truck worked on and the mechanics left a bolt inside the intake which resulted in major internal engine damage costing me over $7k. They're denying any wrong doing on their part but there's not other way (according to 2 service managers) ...

    Thomas’s Answer

    It is difficult to say what specific type of attorney you would need in this case because your issue does not really fit into any specialization so to speak. A general civil litigation attorney, specifically one willing to handle small claims, would probably suffice. You would probably want to look for an attorney who would be willing to help you either on a fixed-fee, contingency, or hybrid fee/contingency basis.

    As for proof, that is always a question that needs to be answered. Unfortunately, without knowing any further details, the answer is general in nature. You need any evidence that you can use to prove that the mechanics and/or shop that worked on your truck, through some act or omission, were responsible for the damage (or in apparently in this case, responsible for the bolt being in the cylinder which ultimately caused the damage).

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  • We live in a mobile home park and our road is owned by the owners of the park. Do they have the right to tell us that our

    children can not ride their bikes or scooters on that road or play on it?

    Thomas’s Answer

    A property owner may be able to establish safety rules prohibiting the use of bikes, scooters, skateboards, etc. on a private road, but they generally may not establish a rule stating that "children" may not play on the road. As a general rule, restrictions established for safety that are applicable to all persons, regardless of race, color, national origin, religion, sex, familial status or handicap (disability) may be okay. Restrictions specifically tailored toward a protected class are, generally, illegal. It is important for property owners and landlords to consider anti-discrimination laws before establishing community rules and regulations.

    The particular circumstances of your case should be reviewed by an attorney.

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  • If my lender sues me for a balance left on a property, Will my Limited Liability Company be affected? How can I protect this?

    Advise me!

    Thomas’s Answer

    Your question leaves a lot of room for assumption, and the best way to protect your LLC--especially if you have already been sued--may be to speak directly with an attorney.

    Did you have a personal debt secured by real estate (such as a residential home loan)? Has the bank foreclosed already? Are they suing you for a deficiency (i.e. the amount in excess of any profit realized by the bank from the foreclosure sale)? Is the property located in the State of Georgia? These are just a few of the questions that an attorney would need answered regarding your specific situation in order to give you any kind of direction.

    Generally speaking, however, before a lender may sue an owner in Georgia for a deficiency following a non-judicial foreclosure, the bank must seek confirmation of the foreclosure sale by a court. If the lender obtains a confirmation, they may proceed against those who are personally liable on the debt. If you are personally liable, the bank may pursue you. To satisfy the judgment, the bank may look to your interest in the LLC, just like they may take any other stock or assets you may own.

    There are, however, practical considerations to take into account. A proper answer to your question far exceeds the scope of what can be provided in a forum such as this.

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    404-844-5700

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  • Looking for a debt collection attorney willing to represent a class of businesses that have been defrauded by a Georgia business

    The company sells nationwide air adventures over the phone and internet and then resells the adventure to a local geographic vendor (in our industry, hot air balloon rides) at a wholesale rate. The company had a dispute among owners and they creat...

    Thomas’s Answer

    Your summary presents issues that most likely go beyond the realm of a general debt collection attorney.

    Fraud may be an issue, among other possible causes of action. The main issue you appear to have described, however, is an issue of "piercing the corporate veil" to be able to collect from one or more of the "shell" companies, or perhaps event he owner or owners of the various companies. An attorney reviewing your case would also have to address potential jurisdiction and venue issues. The question of whether the group is able to bring an action as a class or must individual pursue their independent claims will also need to be answered.

    www.wczlaw.net
    404-844-5700

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