Q: Suing prospective buyers for damage done during home inspection, can we repair before going to court?
We are selling our house, and had a contingent agreement. During the home inspection, the buyers brought coffee in with them, and spilled it on our rug, leaving a very noticeable stain. They admit that they did it, but no one is willing to take responsibility for correcting the issue; neither the buyers agent or our listing agent are willing to pay for cleaning or replacement. They have recommended we sue the buyers. The contract was broken due to other reasons, so they are no longer buying the house, and now we are trying to sell a house with a stained carpet.
Two questions:
Can we try to get the stain out before taking them to court? what steps should we take before getting the stain out? It has already been professionally cleaned once with no success, but i would like to keep trying on my own.
When we file against the buyers, should we name their agent as well, since she granted them access and was on site with them when this happened?
A:
Get estimates and present to they buyers and their agent.
You have a claim but it's not the strongest as you assume as with any guest you let in they may spill something. That happens when people come in.
I suggest you'll be better off for selling if you get the carpet cleaned or replaced. Your agent can guide you as to what replacement is best, given that the person buying may not care for your carpet and won't keep it.
If you are pulling up the rug, besides photographing it, why not keep it or at least the damaged part? Keep receipts for the cleaning you tried.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
