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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?
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?
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
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).
If it were me I would:
Get 3 estimates of repairs
Repair damage
Start a small claims suit.
It
Me no likey crash
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.
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
Last edited by R7; 01-15-12 at 11:45 AM.
Yamaha
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.
Also - get pictures of all the damage.
--Jesse
2001 SV650s
Get pictures...& bring her to small claims court!
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
nedirtriders.com
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?
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.
It's all water under the bridge, and we do enter the next round-robin. Am I wrong?
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.
It's all water under the bridge, and we do enter the next round-robin. Am I wrong?
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.
Wow that sucks
People suck.
'02 F4i
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...![]()
Just the right amount of wrong... hehehe...
If you agree to settle for $500, and then sue for more your case will be dismissed in court.
It's all water under the bridge, and we do enter the next round-robin. Am I wrong?