Q: Missouri real estate question Small claims possible for unperformed repairs?
Addendum after inspection we asked for licensed qualified contractor to expoxy inject and add carbon fiber strips where needed to repair crack in foundation.
The sellers response section says "will add carbon fiber strips"
This partly creates an issue as to if they need to also inject or not.
Regardless they first went and bought flex tape from Walmart and "fixed" it. Then when we objected that wasn't even carbon fiber bought auto detailing carbon fiber for 18 bucks from auto zone.
We close tomorrow and frankly it's thousands of dollars in losses to either side whoever loses if the close doesn't happen and suit and counter suit fly.
Can we sign and then file small claims over just the 700 this seems the best option for both sides. The judge will decide if they met "will add carbon fiber strips" or not.
Is this acceptable or would a judge say you closed, you saw the "fix" you accept as is.
A: An attorney would need to read the contract to give sound advice. It might be that you could plead a strong claim for breach of contract or violation of the Merchandising Practices Act. Before you sue, you should be aware whether you contract has language that would put you on the hook for the sellers' attorneys' fees if you lose.
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