Buyer withholding security deposit

[melody301]

MD-In August of last year I sold my home and had to do a rent back for 3 days which in doing so I had to pay a $1,000 security deposit held by the title company. The buyers are refusing to sign the documentation to release my deposit. The night they did the walk through he told my real estate agent the house was fine and he would sign the documents the following morning which he never did. 16 days after settlement his agent contacts my agent claiming they want the paint cans that we left then to do touch ups removed from the property. After debating with my husband that that is no longer our responsibility since he has owned the house for 2 weeks and the cans of paint are now his, my husband went to the house removed the cans anyway. However, he illegally dump them by throwing them in the woods behind the town house which is concidered common ground. The owner is now claiming he wants $400 of our deposit because the HOA fined him for the dumping of the cans. I've contacted the HOA and they stated this was not true and they haven't fined him for anything. Is there anything I can do to get my $1,000 from the title company or somehow force this guy into signing the paper work because it seems to me he has no grounds in withholding it.

[seniorjudge]

For a thousand bucks, you wouldn't go clean up the paint can mess that you made?!

Is that correct?

[melody301]

Originally Posted by seniorjudge

For a thousand bucks, you wouldn't go clean up the paint can mess that you made?!

Is that correct?

We did remove the cans off the property as he requested but my husband throw them so far in the woods it's almost impossible to reach them. You would have to travel over other debris and a small creek. It shouldn't be his concerned how we disposed of them as long as we got it off the property.

[lcannister]

Originally Posted by melody301

but my husband throw them so far in the woods it's almost impossible to reach them. You would have to travel over other debris and a small creek. It shouldn't be his concerned how we disposed of them as long as we got it off the property.

No, but it would be mine if I lived in your area. Why did you not dispose of them legally (in my area that means empty, lids off and set to the curb for special pick up and not in garbage bags) instead of being such a bad citizen?

Take them to small claims court and let a Judge decided!

[melody301]

Originally Posted by lcannister

No, but it would be mine if I lived in your area. Why did you not dispose of them legally (in my area that means empty, lids off and set to the curb for special pick up and not in garbage bags) instead of being such a bad citizen?

Take them to small claims court and let a Judge decided!

We shouldn't have disposed them legally or illegally but we had been going through hell with these buyers. It had gotten so bad our real estate agent had us wait out in the car for two hours while they signed their documents at closing. We had already bent over backwards for these people gave them everything they asked for and for them to have the audacity to tell us 2 weeks after settlement that they weren't releasing our money until we removed some paint cans just put icing on the cake. Technically we weren't responsible for the removal in the first place.

[xylene]

You illegally disposed of paint?

Because of the nature of the transaction, the cans were the new owners.

So you cost the new owner $400 and now he is recouping it.

Sue for your $600 dollars.

And consider yourself getting off lightly, because you should have gone to jail.

[melody301]

Originally Posted by xylene

You illegally disposed of paint?

Because of the nature of the transaction, the cans were the new owners.

So you cost the new owner $400 and now he is recouping it.

Sue for your $600 dollars.

And consider yourself getting off lightly, because you should have gone to jail.

You obviously did completely read my statement. I didn't cost the new owner anything. He hasn't had to pay anything for what my husband did which is my point. Why is he trying to withhold my money when what I did with the paint has nothing to do with him. He hasn't had to come out of the pocket with any money for this. If he did he could have very well submitted the receipt, we would reimburse him and take the remaining of the deposit. And no I would not have gone to jail for a first offense it would have been a misdemeanor and or a fine.

[nextwife]

Originally Posted by melody301

You obviously did completely read my statement. I didn't cost the new owner anything. He hasn't had to pay anything for what my husband did which is my point. Why is he trying to withhold my money when what I did with the paint has nothing to do with him. He hasn't had to come out of the pocket with any money for this. If he did he could have very well submitted the receipt, we would reimburse him and take the remaining of the deposit. And no I would not have gone to jail for a first offense it would have been a misdemeanor and or a fine.

M'aam, we, and all the wildlife, have to pay for what your husband did. Dumping chemicals into our environment improperly is short sighted and selfish. I don't care what injustice you feel you endured, that does not justify dumping chemicals directly into our environment. He SHOULD be assessed any fines that are appropriate for toxic dumping. And not just by the condo association, but by the DNR.

[Zigner]

I find it surprising that the HOA even talked to you or your husband about something to which you were not a party...

[melody301]

Originally Posted by Zigner

I find it surprising that the HOA even talked to you or your husband about something to which you were not a party...

I simply told them that the owners were requesting reimbursement from us for paint cans that dumbed behind his house and if they could provide me with a receipt or verification that they (the HOA) had charged him and they said they hadn't charged him for anything or received any documentation from him in reference to that matter.

[Zigner]

Originally Posted by melody301

I simply told them that the owners were requesting reimbursement from us for paint cans that dumbed behind his house and if they could provide me with a receipt or verification that they (the HOA) had charged him and they said they hadn't charged him for anything or received any documentation from him in reference to that matter.

Again, I am very surprised that the HOA even talked to you about this. It may not have been appropriate for them to do it.
File suit in small claims and let them sort it out. And, remember...it's not personal.

[Gadfly]

Yes, the buyer was being a jerk, but your counter action was totally out of line and it broke the law. Aside from that it was just plain irresponsible. You messed up. In my book your money should go to the state's environmental clean up fund.