Q: Seller was suppose to make a repair before closing but failed to do so, can I take them to small claims court?
My realtor sent the listing agent a few repairs to make and they agreed to do so. After final walkthrough the repair was not noticeable until after coming back to the property and turning on the water. There was still a leak in the plumbing that was supposed to have been fixed. Now I’m stuck with a 1200 dollar plumbing bill and 4500 furnace bill that seller was suppose to have been fixed. My realtor visited the property two days before closing and told me everything was ok but when I arrived it was not and now no one is available to handle my issues. What can I do.
A: Initially, I suggest you write a letter to the seller and copy the agent. The letter should point out the defects and make a specific demand for reimbursement. After they ignore or reject your demand, you may then consider legal action. However, since you did not point out the defects during the walk through, (and depending on the language in the purchase agreement), you may have some difficulty in court.
Tim Akpinar and Kenneth V Zichi agree with this answer
I agree particularly with the likelihood that the issue may have been waived by your acceptance at closing. Without seeing the entire closing package including the offer and the ‘punch list’ of repairs required it is hard to say for sure.
If the real estate people put IN WRITING that all conditions had been met, you may be able to request THEY reimburse you for the repairs.
Did YOU — before the closing — look too?
It seems like many times a review of the closing paperwork by an attorney before the offer/closing can save many headaches afterward, but in this case that may not have helped because it sounds like the problem was not necessarily with the paperwork but with your acceptance of the physical condition.
Before you sue anyone though, get the advice of a local licensed attorney!
— this answer is offered for information only and does not constitute legal advice or create an attorney-client relationship. I am licensed in Michigan only.
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.