Q: We were supposed to close on our new house today. We sold our home this morning. FHA LOAN. We signed a no harm agreement
We signed a no harm agreement to put our stuff in the garage, when we arrived yesterday water was running out of the garage. For 8 days the walls into the bathroom the back wall are sopping wet about 6 ft up. Our realtor did not contact our lender and told us we would ask for $5000 to be put into a escrow account to cover the expenses that was yesterday afternoon she calls us today at 6 pm to tell us that can't happen and we are going to be homeless for 2 weeks ohhh and you need to sign an extension before any one goes up and looks at the extent of the damage at 8 am. Does our realtor or the seller have to put us up into a hotel or our realtor beings she didn't contact our lender until after we sold our home. We are now homeless for weeks who is responsible and should one of the party's have to put us up in a hotel
A: If you have a claim that is under $10,000, you can sue in small claims court for your actual damages (cost to fix the water leak) and consequential damages (staying in a hotel while the water leak is fixed). First step would be to try to negotiate a solution. Second step would be to write a demand letter. Third step would be to file a petition with small claims court.
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