Q: Do we have to resort to a lawsuit against the sellers to have the damage taken care of?
We closed on a new home mid July. We allowed the sellers to stay in the house until September. Upon moving a piano the movers severely damaged the floors. Estimates that we have received by hardwood floor companies state in order to restore the floor to what it was requires complete replacement. This is because the wood planks are beveled and once sanded we would lose this. Lowest price received $16000. Moving company offered a settlement of $4000. Are the sellers responsible for the difference?
A:
Unless you hired the movers, you have no privity with them. Your entire claim is with the Sellers. How much they collect from the movers is their business.
This is one of many, many reasons that most lawyers and title agents don't like leasebacks. If you aren't ready to close, delay the closing. If you plan on leasing back to the sellers, have a proper lease with damages, deposits, and holdover provisions.
A:
Unless you hired the movers, you have no privity with them. Your entire claim is with the Sellers. How much they collect from the movers is their business.
This is one of many, many reasons that most lawyers and title agents don't like leasebacks. If you aren't ready to close, delay the closing. If you plan on leasing back to the sellers, have a proper lease with damages, deposits, and holdover provisions.
1 user found this answer helpful
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