Welcome to NESR! Most features of this site require registration, including replying to threads, sending private messages, starting new threads, and uploading files. Click here to register.

Page 1 of 2 1 2 LastLast
Results 1 to 25 of 44

any law/real estate gurus?

  1. #1
    turning water into watts Woodsy's Avatar
    Join Date
    May 2008
    Location
    Littleton, Ma
    Age
    43
    Posts
    2,178

    any law/real estate gurus?

    So we just purchased a new house and ran into a bit of a snafu. The night before closing at approximately 7pm we conducted a walk through of our new home. Everything appeared fine and we inspected every room for major defects and found none. Approximately 12hrs later we closed on the house. After closing we went directly to the house to measure for flooring. Upon entering we found a beer can in the mudroom that was not there during the walk through so i looked around but did not find anything out of place so i figured maybe the seller left it when she locked up the night before. However when i went to the room above the garage i found that the place had been trashed sometime between the walk through and the closing, like a said a period of only 12 hrs. Beer cans were everywhere, the place reaked of cigarettes and weed, holes were kicked in the walls and another punched through the floor. They even destroyed some furniture and some built in shelving. We called the police and they were able to determine that it was the sellers son that came in and damaged the place. There is a good deal of damage and i have offered to settle with her for $1000. She is claiming that the majority of damage is pre-existing and says all she will give me is $500 which would not even cover a drywall guy to patch the 2 holes in the walls properly. Her condition of property document list no defects with the garage and i do not recall any of this being present the night before. She also asked to asses the damage herself and fix it herself which i refused to let her do because i do not want them on the property and the repairs that have been done to the house previously are sub par. My question is if i bring this thing to small claims what can i actually sue for? The P&S clearly states that the property must be delivered in the condition we agreed upon and it was not. Any advice?

    0 Not allowed! Not allowed!

  2. #2
    Lifer Kurlon's Avatar
    Join Date
    Jun 2007
    Location
    Waterboro ME
    Age
    48
    Posts
    14,013

    Re: any law/real estate gurus?

    Press charges for starters I'd say, and if the P&S gives you an out like that, go for it.

    Unless the costs are small enough that you can eat them and really like this house. Then, well, are you willing to loose the house over it?

    0 Not allowed! Not allowed!

  3. #3
    Lifer eboos's Avatar
    Join Date
    Jul 2007
    Age
    51
    Posts
    3,505

    Re: any law/real estate gurus?

    Could you hold payment in escrow? Payment should not be transfered until the contractual obligations are met.

    What you can sue for is the actual cost of damages: cost of materials and labor. Small claims will be capped at $7000. As a plaintif, you will not have the right to appeal if the decission is against you.

    Here is some info: http://www.lawlib.state.ma.us/subjec...allclaims.html

    0 Not allowed! Not allowed!
    Last edited by eboos; 01-15-12 at 10:48 AM.

    CCS/LRRS/NEMM AM #205 (Inactive)


  4. #4
    turning water into watts Woodsy's Avatar
    Join Date
    May 2008
    Location
    Littleton, Ma
    Age
    43
    Posts
    2,178

    Re: any law/real estate gurus?

    Quote Originally Posted by Kurlon View Post
    Press charges for starters I'd say, and if the P&S gives you an out like that, go for it.

    Unless the costs are small enough that you can eat them and really like this house. Then, well, are you willing to loose the house over it?
    cannot press charges as I did not technically own the home at the time of the incident (this was a couple of hours before closing). Honestly the hassle of handing the house back and doing this all over again is not worth the $1000 to me but i am reasonably sure that i could recover some damages in small claims as she is in breach of contract (condition of property clause in the P&S).

    0 Not allowed! Not allowed!

  5. #5
    turning water into watts Woodsy's Avatar
    Join Date
    May 2008
    Location
    Littleton, Ma
    Age
    43
    Posts
    2,178

    Re: any law/real estate gurus?

    Quote Originally Posted by eboos View Post
    Could you hold payment in escrow? Payment should not be transfered until the contractual obligations are met.

    What you can sue for is the actual cost of damages: cost of materials and labor. Small claims will be capped at $7000. As a plaintif, you will not have the right to appeal if the decission is against you.

    Here is some info: http://www.lawlib.state.ma.us/subjec...allclaims.html
    payment has been made. As i stated this happened after the walkthough but before closing. Damage was not discovered until after closing so we were already on record.

    0 Not allowed! Not allowed!

  6. #6
    Not a cool kid Charlief's Avatar
    Join Date
    Aug 2007
    Location
    Ipswich
    Posts
    829

    Re: any law/real estate gurus?

    If it were me I would:

    Get 3 estimates of repairs

    Repair damage

    Start a small claims suit.



    It

    0 Not allowed! Not allowed!
    Me no likey crash

  7. #7
    Lifer eboos's Avatar
    Join Date
    Jul 2007
    Age
    51
    Posts
    3,505

    Re: any law/real estate gurus?

    You seek damages in the sum of $1000.

    They are willing to settle for $500.

    What is the cost of you taking a business day out of work? What is the cost of your time preparing? The filing fee for your claim would be $50, plus the cost of serving the complaint.

    0 Not allowed! Not allowed!

    CCS/LRRS/NEMM AM #205 (Inactive)


  8. #8
    Don't bother me! R7's Avatar
    Join Date
    Jun 2001
    Location
    Yamaha Blvd
    Age
    53
    Posts
    14,887

    Re: any law/real estate gurus?

    In todays world, it seems there's only one good way to get solid results! And Stewie does it right

    I know, repost
    http://www.youtube.com/watch?annotat...id=bVGbc4_uBl4

    On a serious note, IMO, Eboos says it best. Take the $500 and call it a day. It's going to cost you more in time and money than the extra $500 will return

    0 Not allowed! Not allowed!
    Last edited by R7; 01-15-12 at 11:45 AM.
    Yamaha

  9. #9
    turning water into watts Woodsy's Avatar
    Join Date
    May 2008
    Location
    Littleton, Ma
    Age
    43
    Posts
    2,178

    Re: any law/real estate gurus?

    Quote Originally Posted by eboos View Post
    You seek damages in the sum of $1000.

    They are willing to settle for $500.

    What is the cost of you taking a business day out of work? What is the cost of your time preparing? The filing fee for your claim would be $50, plus the cost of serving the complaint.
    actual cost to repair damage is $1950. i was willing to go to $1000 for the reasons you brought up. Court costs can be recouped as part of the judgement and since I have a non traditional work week i may not even have to take the day off. Point is $1000 is already playing nice with this woman if we go to court the damages sought will be more in the $2000 range. $500 gets nothing done.

    0 Not allowed! Not allowed!

  10. #10
    Lifer eboos's Avatar
    Join Date
    Jul 2007
    Age
    51
    Posts
    3,505

    Re: any law/real estate gurus?

    Quote Originally Posted by Woodsy View Post
    actual cost to repair damage is $1950. i was willing to go to $1000 for the reasons you brought up. Court costs can be recouped as part of the judgement and since I have a non traditional work week i may not even have to take the day off. Point is $1000 is already playing nice with this woman if we go to court the damages sought will be more in the $2000 range. $500 gets nothing done.
    Go for it then. You may find her much more accommadating after she is served a complaint. As was stated before though, get an estimate with all costs associated with the repair factored in.

    0 Not allowed! Not allowed!
    Last edited by eboos; 01-15-12 at 12:09 PM.

    CCS/LRRS/NEMM AM #205 (Inactive)


  11. #11
    Senior Member SCRLT01's Avatar
    Join Date
    Oct 2010
    Location
    Westford, MA
    Posts
    501

    Re: any law/real estate gurus?

    Also - get pictures of all the damage.

    0 Not allowed! Not allowed!
    --Jesse
    2001 SV650s

  12. #12
    turning water into watts Woodsy's Avatar
    Join Date
    May 2008
    Location
    Littleton, Ma
    Age
    43
    Posts
    2,178

    Re: any law/real estate gurus?

    Quote Originally Posted by SCRLT01 View Post
    Also - get pictures of all the damage.
    we have a full police report with pics of the damage and the woman's son admitted to going up there and trashing the place. the facts of the matter are not in dispute, it is only the dollar amount that is

    0 Not allowed! Not allowed!

  13. #13
    Posting Freak 06gixgirl's Avatar
    Join Date
    Sep 2010
    Location
    MA
    Posts
    827

    Re: any law/real estate gurus?

    Get pictures...& bring her to small claims court!

    0 Not allowed! Not allowed!

  14. #14
    Lifer
    Join Date
    Nov 2009
    Location
    Bristol County
    Age
    39
    Posts
    3,469

    Re: any law/real estate gurus?

    You tried to give her a nice number, she turned it down? Small claims, failing to uphold her contractual obligations, seek the full amount.

    If you haven't already, get copies of the reports from the PD.

    Fucking terrible way to start things out. If the kid can party, he can get a job to work off the debt :p

    0 Not allowed! Not allowed!
    nedirtriders.com

  15. #15
    Lifer 01xj's Avatar
    Join Date
    Jun 2010
    Location
    CT
    Age
    40
    Posts
    1,976

    Re: any law/real estate gurus?

    Quote Originally Posted by aldend123 View Post
    You tried to give her a nice number, she turned it down? Small claims, failing to uphold her contractual obligations, seek the full amount.

    If you haven't already, get copies of the reports from the PD.

    Fucking terrible way to start things out. If the kid can party, he can get a job to work off the debt :p
    Yeah honestly why be nice? Do you ever have to see these people again? I'd sue for the full amount. It's documented, they're held by contractual obligations and your telling us the son admitted to it which I'm guessing is in the police report. What more could their possibly be to get a verdict in your favor?

    0 Not allowed! Not allowed!

  16. #16
    turning water into watts Woodsy's Avatar
    Join Date
    May 2008
    Location
    Littleton, Ma
    Age
    43
    Posts
    2,178

    Re: any law/real estate gurus?

    Quote Originally Posted by 01xj View Post
    Yeah honestly why be nice? Do you ever have to see these people again? I'd sue for the full amount. It's documented, they're held by contractual obligations and your telling us the son admitted to it which I'm guessing is in the police report. What more could their possibly be to get a verdict in your favor?
    oh i hear ya. The nice number was to save me the hassle of going to court. If i have to go to court i am going for the full boat.

    0 Not allowed! Not allowed!

  17. #17
    Lifer
    Join Date
    Dec 2003
    Location
    Ma
    Posts
    10,687

    Re: any law/real estate gurus?

    Quote Originally Posted by Woodsy View Post
    oh i hear ya. The nice number was to save me the hassle of going to court. If i have to go to court i am going for the full boat.
    A small claims case will take you at least 18 months, then when you win you'll have to go back and wait another year for the court to try to make her pay you, then when she does it'll be about $10 a month. You can include the small filing fee in the suit, you can't include all the other stupid fees, the driving around to follow everything they make you do, the 4-5 days you'll spend in court and all the headaches. The system blows.

    0 Not allowed! Not allowed!
    It's all water under the bridge, and we do enter the next round-robin. Am I wrong?

  18. #18
    Posting Freak Lucas's Avatar
    Join Date
    Feb 2011
    Location
    South Shore
    Posts
    853

    Re: any law/real estate gurus?

    Quote Originally Posted by Awesome View Post
    A small claims case will take you at least 18 months, then when you win you'll have to go back and wait another year for the court to try to make her pay you, then when she does it'll be about $10 a month. You can include the small filing fee in the suit, you can't include all the other stupid fees, the driving around to follow everything they make you do, the 4-5 days you'll spend in court and all the headaches. The system blows.
    But if she gets a notice to appear in court she might realize he is serious and pay up on her own.

    I'd take her to court just out of spite.

    0 Not allowed! Not allowed!

  19. #19
    Lifer
    Join Date
    Dec 2003
    Location
    Ma
    Posts
    10,687

    Re: any law/real estate gurus?

    Quote Originally Posted by Lucas View Post
    But if she gets a notice to appear in court she might realize he is serious and pay up on her own.

    I'd take her to court just out of spite.
    It's a very big might, and rarely the case. The notice doesn't say, pay up or show up in court. It just says show up. If you get a notice that says you're being sued are you going to suddenly decide you're accountable and pay, or take a chance that a judge will side with what you think is right.

    0 Not allowed! Not allowed!
    It's all water under the bridge, and we do enter the next round-robin. Am I wrong?

  20. #20
    Lifer Falko's Avatar
    Join Date
    Mar 2010
    Location
    MoonTown
    Posts
    5,101

    Re: any law/real estate gurus?

    I would contact the bank. It might be too late but they can withhold full transfer. They are the ones backing the payment and want to be sure that they are not getting screwed on the valuation of the house.

    0 Not allowed! Not allowed!

  21. #21
    Lifer
    Join Date
    Jun 2011
    Posts
    16,910

    Re: any law/real estate gurus?

    Quote Originally Posted by Lucas View Post
    I'd take her to court just out of spite.
    Agreed. This is some bull-shite!

    I have no advice. Been reading to see what happens. Good luck.

    0 Not allowed! Not allowed!

  22. #22

    Re: any law/real estate gurus?

    Wow that sucks


    People suck.

    0 Not allowed! Not allowed!
    '02 F4i

  23. #23
    Posting Freak Lucas's Avatar
    Join Date
    Feb 2011
    Location
    South Shore
    Posts
    853

    Re: any law/real estate gurus?

    Quote Originally Posted by Awesome View Post
    It's a very big might, and rarely the case. The notice doesn't say, pay up or show up in court. It just says show up. If you get a notice that says you're being sued are you going to suddenly decide you're accountable and pay, or take a chance that a judge will side with what you think is right.
    Oh I totally agree but she might think. . . Crap he wouldn't settle for 500, now he's gonna take me to court for ALL of it. Now 1000 bucks, which is still a deal, doesn't sound so bad.

    My vote is 1000 bucks or take her to court for every last penny.

    0 Not allowed! Not allowed!

  24. #24
    Member kellis159's Avatar
    Join Date
    Apr 2011
    Location
    Middleton
    Age
    65
    Posts
    94

    Re: any law/real estate gurus?

    Agree to take the $500... then take her to court. Unfortunately, both of you are victims of some f_ckin' brats rampage...

    eboos & awesome have the story spot on... without any leverage, going to court may get you a judgement, along with several loss days of pay along with hours of time and aggravation. If there is any way to freeze/stop payment... on any funds involved during the closing - you may want to consider doing so but I'm not clear on whether that would nulify the sale... there in lies the tricky part.

    If you get the $500, at least you'll have some money to fix things. If you get a judgement for more, they can offset it by the $500 paid... but, true chances of getting the person to pay ends up involving more court time.

    Good luck... sorry to hear your first home ownership is off to such a rough start... maybe call upon your fellow nesr friends to have a home improvement day...

    0 Not allowed! Not allowed!
    Just the right amount of wrong... hehehe...

  25. #25
    Lifer
    Join Date
    Dec 2003
    Location
    Ma
    Posts
    10,687

    Re: any law/real estate gurus?

    If you agree to settle for $500, and then sue for more your case will be dismissed in court.

    0 Not allowed! Not allowed!
    It's all water under the bridge, and we do enter the next round-robin. Am I wrong?

Page 1 of 2 1 2 LastLast

Similar Threads

  1. New Career - Real Estate it is...
    By tsorfas in forum Off-Topic
    Replies: 34
    Last Post: 03-02-16, 04:27 PM
  2. Anyone on here a MA real estate attorney?
    By The Snowman in forum Off-Topic
    Replies: 1
    Last Post: 05-30-13, 12:51 PM
  3. NH real estate agent
    By Manny in forum Off-Topic
    Replies: 3
    Last Post: 01-12-12, 03:00 PM
  4. Real Estate Barn dollars
    By Stromper in forum Off-Topic
    Replies: 6
    Last Post: 12-28-11, 11:33 AM
  5. Real Estate?
    By Omahastylin16 in forum Off-Topic
    Replies: 29
    Last Post: 10-09-08, 07:35 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •