my kitchen cabinets detached from the wall the entire unit is destroyed. I did a home inspection, I worked with a realtor to get this home, I alsod received down payment assistance from the county being that I am a first time home buyer. Where did I go wrong. I contacted the company that we currently have warranty with and they stated that the cabinets is not covered. Please someone what are my options? Can I take these people to court without a lawyer and do it myself in small claims court?
2007-07-16 05:26:17 · 8 answers · asked by lovesponge09 2 in Business & Finance ➔ Renting & Real Estate
You may be able to sue the inspector if this is something he should have caught and did not.
If it was a brand new place or nearly new then the builders warranty should cover it. If they won't honor their warranty then you can sue them.
If this is something you believe the seller knew about and hid it from you then you can probably sue them. In Texas if someone hides a defect like that from you they can be libel for triple damages-maybe something like that is true in your state also.
Just the notice of a lawsuit can get something done very often.
I would call the Realtor and see what he or she can suggest. You were asking about small claims court but you said the entire unit is destroyed. Small claims court is for small claims (limits different in every state).
2007-07-16 05:43:18 · answer #1 · answered by glenn 7 · 0⤊ 0⤋
You didn't do anything wrong.
You don't indicate how long you have owned the home or how the cabinets became detached from the wall, but that isn't really too important for the purposes of this question.
Home warranty companies usually cover major appliances, but some policies are more broad. Doesn't sound like your policy is going to cover this loss.
You could sue the sellers, home inspector and Realtors, but it is unlikely you will prevail. The home inspector wrote a report, if you have a copy, does it address the cabinets? The most recent home inspection I have seen stated the kitchen cabinets condition was fair, and that was all. If yours is similar, that doesn't give you much basis for litigation.
And as far as the comment about the Realtor picking the home inspector, I don't know of any home inspector that will put his license on the line to "fudge" an inspection to get the transaction to close. That is horse dung.
If is an unfortunate set of circumstances, but I doubt you can successfully sue.
2007-07-16 05:51:32 · answer #2 · answered by godged 7 · 0⤊ 0⤋
You might have a tough road to fight here. Unless you can prove in court that the cabinets were improperly attached and/or mounted, I don't know that you will prevail in court.
The sellers, etc. may well claim that you overloaded the cabinets beyond reasonable capacity, and that is what caused the failure.
You do not indicate if these are new cabinets, older, what type of structure, etc.
Your home warranty probably does not cover such occurrences, since these warranties are generally designed to cover failure of mechanicals, such as water heaters, furnaces, etc.
Your home inspection would generally not uncover something of this nature. You can't expect an inspector to load cabinets in a house to see if they will hold up under load.
My guess is you are best off to contact your realtor and work backward from that point, to see if anyone will bear responsibility for what happened.
Good luck.
Note: Barbara B up above seems sue happy, but NONE of the folks she suggests suing are responsible. You are wasting money if you follow her recommendation.
2007-07-16 05:40:31 · answer #3 · answered by acermill 7 · 2⤊ 0⤋
You can take the previous owner to small claims (or magistrate) court but you might have to prove that they knew there was something wrong with the cabinet. Where I live it costs $50 to file in magistrate court. Did the cabinet falling damage your property? I'm just wondering how much it's going to cost to rehang the cabinet and replace anything that might have broken. Will it be more than $50 so that it would be worth your time & money to file? Just remember that you might not win and if you don't, you'll be out $50 or however much it costs to file. I just realized you said the cabinet is destroyed so I'm sure you'll have to buy a new one, which would be more. Do you have a copy of the home inspection? I doubt that the home inspector really looked at the cabinets.
2007-07-16 05:37:01 · answer #4 · answered by angela 6 · 0⤊ 0⤋
Here in Michigan, if a property needs the electricity/water/gas turned on for an inspection and the owner won't pay for it (usually they don't) the potential buyer can have it done at their expense. You should submit your offer first and have it contingent on the inspection. Just because a property seems like a good deal and is a low amount like the one in question does not guarantee that there is not something seriously wrong that could cost 1000's to fix. If you have a knowledgeable friend that can view the home with you and check out the mechanicals and structure, attic, foundation, etc. take them along with a ladder and a good flashlight.
2016-05-19 01:55:26 · answer #5 · answered by ? 3 · 0⤊ 0⤋
Did you use a home inspector recommended by your real estate agent? I know it is too late now, but this is a bad idea. After all, the agent wants to sell and close the deal in order to collect his commission. Would the agent recommend an inspector who is willing to look for, find and report something wrong?
I suggest you consult an attorney, maybe the seller or an insurance company can be held financial responsible. On the other hand maybe not, home repairs are inevitable.
2007-07-16 05:36:49 · answer #6 · answered by Adoptive Father 6 · 0⤊ 0⤋
He who represents himself has a fool for a client.
HIRE A LAWYER - best money you'll spend in this.
Sue the seller, the seller's realtor, the warranty company, and the home inspection company.
Sue for damages to your cabinets plus legal expenses.
2007-07-16 05:36:07 · answer #7 · answered by Barbara B 7 · 1⤊ 2⤋
What state are you in?
2007-07-16 06:21:28 · answer #8 · answered by Anonymous · 0⤊ 0⤋