I just bought a house. There were five doors missing in the house so in the contract we stated that the doors needed to be replaced. He agreed to that contract. When we did the final inspection we found that all the doors were still missing. When our realtor contacted his realtor we found out that he had no intention of putting doors in because he had another buyer willing to pay more and wanted us to back out of the contract. The deal was too good for us to back out so we went through with it despite missing the doors. Now I want to know if I hire someone to install the doors, can I take the previous owner to court for the cost of the doors and installation? And should I get a lawyer for something that will probably only cost about $500?
2007-05-08 15:54:54 · 10 answers · asked by Two Covenants 1 in Politics & Government ➔ Law & Ethics
You should've hired a lawyer up front BEFORE closing. But you can hire one now if you like.
The answer: It all depends on which state you live in.
In some states, once you take title, you take title with all KNOWN defects. That is if doors are missing and the contract provided for doors to be replaced, and they weren't, then you take title and possession knowing the doors weren't replaced, that's called waiver. You knowingly, intelligently and willingly took title knowing there was some defect with the property.
You go to court and lose. Why? Because the contract does not survive the warranty deed UNLESS the contract says that the provision to replace the doors SURVIVES title.
In other states, you can sue for breach of contract and get the difference between what you paid for and what you received.
Its sounds like the seller was a greedy, despicable person who chose to exploit you and break his word. And it also sounds like you got him back because he couldn't sell for a higher price.
Be that as it may, he should not have been mad at you. He signed a contract and he should be expected to keep his word. You did and he didn't. At the very least, his actions were unconscionable.
That said, some states will recognize an action in equity. Equity deems that to be done which ought to have been done.
A court in equity could compel him to install the doors or go to jail (an affirmative injunction), or pay restitution. The states that take this view are few and far between.
2007-05-08 16:06:03 · answer #1 · answered by krollohare2 7 · 0⤊ 0⤋
First, I think you said it, not only would a lawyer most likely cost you more than 5 big ones, but think also what your time is worth to you. Second, I hope that you inspected the house before the closing, and if so why did you close, if it was still not to your liking, you would lose. But the last thing is this, are you just trying to be spiteful or what? You said that you got a great deal, if it's a matter of $500.00, that deal couldn't have been that great. Be grateful, someone just bought 5 doors, and they thought that they had bought a house.
2007-05-08 16:25:42 · answer #2 · answered by Elder Sleepy _ G 1 · 0⤊ 0⤋
I am no legal expert but commonsense leads me to believe you may well defend the action successfully. Although the claimants may not wait for your diagnosis you should appeal to the court for an adjournment so that this evidence can be made available. You may have to do this at the initial appearance if a letter to the court is ineffective. You really need legal assistance in the matter. See if the Citizens Advice Bureau will help with appointing a lawyer for you. Unfortunately legal representation is costly but with luck you may be able to ask for the uni to pay your costs if they lose. Start listing the events in chronological order and keep it compact. The medical evidence is crucial of course. Good luck.
2016-05-18 22:00:06 · answer #3 · answered by ? 3 · 0⤊ 0⤋
i believe that you would win the case. HOWEVER, the money you spend could be more than what you take back. maybe, you could settle that on 1 to 1 level, stating to them clearly and firmly that they have broken the contract and when this goes to court, its a lose lose situation and they might lose their reputation as well. but dont sound threatening though.
2007-05-08 16:05:07 · answer #4 · answered by jonathqan d 1 · 0⤊ 0⤋
It sounds like with the final walkthru and taking possession of the house you agreed to no doors
2007-05-08 16:03:00 · answer #5 · answered by Mopar Muscle Gal 7 · 0⤊ 0⤋
i really doubt it since you purchased the home knowing he wasn't going to fix the doors anyway. It's perfectly legal to decide not to do it when he has another buyer he was planning to sell to instead. Besides people are to sue happy now a days anyway.
2007-05-08 16:05:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
for that $, go to small claims court, represent yourself. Lawyer will want more up front than $500, and even if you win, you would be out the $ if you couldn't collect from your seller...
2007-05-08 16:00:39 · answer #7 · answered by silentnonrev 7 · 1⤊ 0⤋
Yes. You can take both his REALTOR and him to court to recover the costs.
but first, get in contact with a lawyer that handles these type of cases.
2007-05-08 16:00:04 · answer #8 · answered by arus.geo 7 · 1⤊ 1⤋
Sue him in Small claims, you won't need a lawyer.
He CAN argue that, by moving in, you accepted the house AS IS.
Depends what mood the Judge is in that day, but I think you'd win.
2007-05-08 16:01:50 · answer #9 · answered by Anonymous · 1⤊ 1⤋
Once you closed on house, the house is yours.
2007-05-08 16:01:56 · answer #10 · answered by Wolfpacker 6 · 0⤊ 0⤋