Am I responsible for anything? - Posted by barney

Posted by John Merchant on April 28, 2007 at 09:20:58:

Frank I commend you for fighting this thing.

Being one, I’ve gotta tell you my observation is that lawyers aren’t great at empathy or any matter on which they don’t see a fat fee a-comin’…and the party himself can often do a better job at self-representation than his lawyer would do for him.

Like a very great man, my father-in-law, used to say: “nobody cares as much about your business as you do” and this is a perfect example.

What’s the Big advantage in Small Claims Court?

NO LAWYERS for either side! So the court isn’t treated, bored or misdirected by bombast and can just pay attention to the facts.

I’d advise anybody being sued to absolutely not just roll over and play dead.

I couldn’t begin to tell you how many lawsuits I’ve seen dismissed over the years when the Plaintiff got hit back by a Counter-Claim Petition/Complaint that scared the heck out of him and/or his lawyer as it contained a lot more red meat than their original lawsuit.

e.g. a good friend got hit by a lawsuit re his failure to pay back a personal loan he’d got from a local lender @ 45% interest…and when my friend got sued, his lawyer filed a counter-suit for usury and big money damages arising from that usury.

It was a fact that the lender was well known in that community for doing such “Shylock/Mafia” loan deals.

Somehow the lender’s lawyer just seemed to lose any enthusiasm in proceeding and the thing got dismissed.

Am I responsible for anything? - Posted by barney

Posted by barney on April 20, 2007 at 11:26:32:

We sold our house, closed almost a month ago.
The buyer had a professional home inspection which identified several minor items that we fixed as requested.
They also did a walk-through 30 minutes before the closing and everything was fine except that they stated the carpets were dirtier than they expected.
The realtor said that he would have them cleaned, which he did. We did not speak to them about this or agree to anything, nor was anything in writing regarding this.
Now, 30 days after closing, they have contacted the realtor and said that even though he (the realtor) had the carpets cleaned, that they still have odors in a couple of rooms due to pet odors.

My question to you is: am I responsible for anything here? Since they had a home inspection which was signed off on, and there were no agreements made during the final walk-through etc., am I legaly liable for anything?

Re: Am I responsible for anything? - Posted by Frank Chin

Posted by Frank Chin on April 21, 2007 at 11:58:57:

Barney:

NO.

I’ve gone thru a few of these, where buyers, a seller tried to come after me after a closing. From what RE attornies advised me, after the “title company” guy walks out the door at the closing, the closing is done, and the exceptions are:

  • Material Representation
  • Contract making exceptions, and it usually says “the following blah blah blah shall survive the closing”.

Had a contract that says mathematical errors shall survive the closing. So the seller came after me after the closing and said his attorney forgot to include the oil in the tank.

Meanwhile my wife was upset that he promised to fixed some broken window panes, and didn’t. My lawyer said it should’ve been something I bought up at the final walkthrough, and I’m out of luck since this issue does not survive the closing, but the sellers issue might because of the “survival after closing addendum”.

This is the issue in your case, smelly carpets DOES NOT survive the closing, should’ve been raised at the final walkthru.

The seller took me to small claims, but I managed to review the entire contract, all the closing figures, and found out that the attornies used estimates for taxes, water, etc. to make adjustments, and I convinced the judge that he owed me more than I owe him, and technically what I got is a mathematical error, and what he’s got is only an ommission.

I fought the case, since the wife wanted to broken panes paid for, but COULDN’T because I CAN’T, and got after the seller on the grounds of mathematical error, which I was allowed.

The buyer can pound sand, and should’ve raised the issue at the final walkthru.

Frank Chin

Re: Am I responsible for anything? - Posted by Rich-CA

Posted by Rich-CA on April 20, 2007 at 23:27:20:

No. Your responsibility ended with the expiration of the inspection period. They had control up until closing and once the deed transferred, it became their problem. I would not leave any sleep over it. Even if they sue or file a complaint they would have to prove (1) this was a serious problem and (2) you knew about it and should have disclosed it. Its unlikely they will be able to accomplish either.

Re: Am I responsible for anything? - Posted by dealmaker

Posted by dealmaker on April 20, 2007 at 17:21:56:

NOPE. I would IGNORE anything and everything from the buyers. If (and I doubt it) and when any legal documents show up you can prepare for small claims court. I don’t see carpets rising to the level of “big kids” court.

Don’t worry, be happy.

dealmaker