Q: Do I have a case in Small Claims Court (Real Estate Contract)?
Bottom line: Buyer wants the seller to reimburse for Home Inspection fee ($900).
Details:
1. Seller covered up gaping water-damage holes in the floorboards/framing structure with brand new carpet.
2. Seller checked "no" on the Property Disclosure Form for any known current or previous water damage in the house .
3. Buyer discovered the damage by accident during home inspection period. Carpet was not installed correctly and it lifted up to reveal the floor damage. If carpet were installed correctly, floor damage would not have been discovered during inspection period.
4. Seller claims they thought the carpet company had fixed the floor damage before carpet installation.
5. Negotiations failed, Buyer terminated contract within the time allowed.
6. Buyer would have never made an offer on the house, if they had known about the floor damage that seller should have disclosed.
A: It is not possible to guess what the outcome might be at court. It depends on the evidence, how it is presented, sincerity and demeanor of witnesses, and other factors. If the judge did not think the floor damage was a significant problem, then the judge might dismiss the case. You could get an attorney to go to court with you, but with a $900 claim, that probably is not cost-effective -- so you might decide to go to court without an attorney. Check your local court web site for the small claim form to file and the process. Tell the seller you intend to file the claim, and perhaps you can negotiate some amount for seller to reimburse you. If real estate agents were involved, tell them you will name them as co-defendants. They might also contribute toward a settlement just to avoid having to deal with it.
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