Long story short. Bought my house in Oct 2004. Many windows leaked. Seller knew about problems with builder of house and had many window problems. Seller didn't do a full disclosure. Cost me $9100 to get the windows replaced/repaired/fixed, etc. Got my real estate agent involved. He presented my case to the seller and asked them for $9100. Last night the seller offered $3000 and said he won't go any higher. All communication with the seller has been through my Realtor, who is a very good friend of mine.
The seller has tried tacticts like "I took $10,000 less on the house, I gave you our old refrigerator and patio sets"...IMHO, this has NOTHING to do with not disclosing housing defects.
So...
Do I take the $3000 and be done with it?
Do I ask for more like $5000?
My agent said if we ask for more the guy could always say HELL NO you're not getting anything now.
I could take him to small claims court for $5000. There's no guarantee I'll win and with small claims I've heard it's not always easy to collect money even if you do win.
Opinions please!
Advice needed on collecting money from previous owner
Venomboy,
You're asking a legal question here. I think you'd be better served getting a consultation from a lawyer. Most consultations are free and I'm sure your realtor can recommend someone.
I don't know what state you're in. Disclosures and remedies vary from state to state.
The windows are gone now. I hope you documented everything with photos and expert opinions stating that the windows were defective. I also hope you can prove that the homeowner knew the windows were defective. And what is your building inspector saying?
I think this case depends on how well documented your case is and how much you want to spend chasing the cost of the windows.
You're asking a legal question here. I think you'd be better served getting a consultation from a lawyer. Most consultations are free and I'm sure your realtor can recommend someone.
I don't know what state you're in. Disclosures and remedies vary from state to state.
The windows are gone now. I hope you documented everything with photos and expert opinions stating that the windows were defective. I also hope you can prove that the homeowner knew the windows were defective. And what is your building inspector saying?
I think this case depends on how well documented your case is and how much you want to spend chasing the cost of the windows.
I'm in California.
I have over 70 photos and some video of the whole repair process as well as a letter from my contractor stating all defects and what he did to fix them.
The seller had leaks, had some windows replaced, and they were installed incorrectly, leading to more leaks. He admitted to my Realtor that he did have problems with the builder in the past.
Everything points to the fact that he knew about the house's defects.
I'm not asking a legal question..more of a what would you do? Take the $3k or ask for more? That's all.
I have over 70 photos and some video of the whole repair process as well as a letter from my contractor stating all defects and what he did to fix them.
The seller had leaks, had some windows replaced, and they were installed incorrectly, leading to more leaks. He admitted to my Realtor that he did have problems with the builder in the past.
Everything points to the fact that he knew about the house's defects.
I'm not asking a legal question..more of a what would you do? Take the $3k or ask for more? That's all.
That's up to you.
If you take the money now, you get $3000.
If you fight you take the chance of getting money above the $3000. It's going to be up to you to answer these questions and maybe more:
- How much time (years), legal fees and mental energy is it going to take to get the extra money?
- How good is my case? Do I have a very good chance of winning more than $3000?
- Is that money over and above the $3000 worth the time and effort it will take to win the money?
- Do I have a chance of losing the case, meaning I don't collect the $3000 plus am liable for legal fees?
- If I take the $3000 will I feel bad because I backed down? Will this issue eat at me for years if I take the money and run?
I can't answer these questions. No one can but you.
I think you should check with a lawyer and see how strong your case is.
You may also try to see a state's attorney and see if you can have the seller charged with fraud. What you're doing now is on the civil side. If he's charged with a crime the whole negotiating dymanic changes to your favor.
If you take the money now, you get $3000.
If you fight you take the chance of getting money above the $3000. It's going to be up to you to answer these questions and maybe more:
- How much time (years), legal fees and mental energy is it going to take to get the extra money?
- How good is my case? Do I have a very good chance of winning more than $3000?
- Is that money over and above the $3000 worth the time and effort it will take to win the money?
- Do I have a chance of losing the case, meaning I don't collect the $3000 plus am liable for legal fees?
- If I take the $3000 will I feel bad because I backed down? Will this issue eat at me for years if I take the money and run?
I can't answer these questions. No one can but you.
I think you should check with a lawyer and see how strong your case is.
You may also try to see a state's attorney and see if you can have the seller charged with fraud. What you're doing now is on the civil side. If he's charged with a crime the whole negotiating dymanic changes to your favor.
You need to seek council Venomboy. We are not attorneys in any way here. I do know the mold and mildew issues from pld leaking windows is a huge load on the court system. So I know from past experience here in MN they are pounding on the builders big time. I've been called to testify in numerous cases on improper installation. Many contractors are loosing their license and even going bankrupt. So fight it out and give it a shot. The least the judge will do is give you the $3K he already offered you. I do recommend finding an attorney who specializes in Realestate to take your case. The will give you a good advantage over others. Good Luck!!!