moynihan1129
Junior Member
What is the name of your state (only U.S. law)? NY
Not looking for legal advice--Just opinion based on experience with small claims.
Situation- I Made a final offer on a house last November saying that was the most I would pay because the new roof was not properly installed and leaking. The owner, at the time, said, "Since closing will take a few months, if you pay us $3,500 more than your final offer we will take care of the roof." This was all verbal between us via real estate agents. We put a contract together with a clause that states "Seller agrees to make the necessary repairs to the leaking roof on the second floor off the master bedroom.” It did not state a dollar amount. I was going to have to pay for the roof whether it was upfront or after closing, so I agreed thinking I would have the piece of mind of the roof being repaired to prevent further damage sooner. They had a contractor come and do, well, I am not sure exactly what he did but it looks like he put a few screws in it and billed them $900. Roof is metal and previous owners were older.
Closing was Jan 14th and since it was winter, I did not notice that not only is the roof still leaking in the exact same spot, it is worse. I called the contractor they had hired and they said they do not guarantee their work and would be willing to give it another shot for an additional charge. My contract is with the Owner and theirs with the Contractor. I called the previous owner and he said he didn’t know what he could do. He said he hired someone to fix the roof as agreed. I told him the roof was not fixed.
I have temporary fix to prevent water from coming through and have a small claims case next week. Since our real estate contract did not state a dollar amount, I cannot sue for the $3,500 but rather for the cost of the actual repairs. I realize it is 9 months since closing, but I have copies of phone bills where I have called him throughout February and letters back and forth up until 2 weeks ago.
One concern I have is at closing I had to sign a hold harmless agreement. I do not believe this would void clauses in our contract but just want to be sure. I believe this is for general items in the house: ie hot water heater failed and I replaced it at my own expense.
Evidence I will present:
-Signed contract stating that the seller takes responsibility for the roof repairs.
- 2 quotes from contractors (one is $2,850 and the other $3,200)
- Copies of all letters I sent
-Proof of delivery of all letters
-Pictures with dates in February and March that show water leaking
Do I have all my ducks in a row? My lawyer seems to think so, but I just want to be sure as my lawyer said he does not see a need to be there since the dollar amount is not significant. I do know the seller will likely have their lawyer.
I have filed for $2,850, but can I add damages such as Time off for work for court both to file, go to court and meet contractors, fees paid to my lawyer for advice,etc?
Not looking for legal advice--Just opinion based on experience with small claims.
Situation- I Made a final offer on a house last November saying that was the most I would pay because the new roof was not properly installed and leaking. The owner, at the time, said, "Since closing will take a few months, if you pay us $3,500 more than your final offer we will take care of the roof." This was all verbal between us via real estate agents. We put a contract together with a clause that states "Seller agrees to make the necessary repairs to the leaking roof on the second floor off the master bedroom.” It did not state a dollar amount. I was going to have to pay for the roof whether it was upfront or after closing, so I agreed thinking I would have the piece of mind of the roof being repaired to prevent further damage sooner. They had a contractor come and do, well, I am not sure exactly what he did but it looks like he put a few screws in it and billed them $900. Roof is metal and previous owners were older.
Closing was Jan 14th and since it was winter, I did not notice that not only is the roof still leaking in the exact same spot, it is worse. I called the contractor they had hired and they said they do not guarantee their work and would be willing to give it another shot for an additional charge. My contract is with the Owner and theirs with the Contractor. I called the previous owner and he said he didn’t know what he could do. He said he hired someone to fix the roof as agreed. I told him the roof was not fixed.
I have temporary fix to prevent water from coming through and have a small claims case next week. Since our real estate contract did not state a dollar amount, I cannot sue for the $3,500 but rather for the cost of the actual repairs. I realize it is 9 months since closing, but I have copies of phone bills where I have called him throughout February and letters back and forth up until 2 weeks ago.
One concern I have is at closing I had to sign a hold harmless agreement. I do not believe this would void clauses in our contract but just want to be sure. I believe this is for general items in the house: ie hot water heater failed and I replaced it at my own expense.
Evidence I will present:
-Signed contract stating that the seller takes responsibility for the roof repairs.
- 2 quotes from contractors (one is $2,850 and the other $3,200)
- Copies of all letters I sent
-Proof of delivery of all letters
-Pictures with dates in February and March that show water leaking
Do I have all my ducks in a row? My lawyer seems to think so, but I just want to be sure as my lawyer said he does not see a need to be there since the dollar amount is not significant. I do know the seller will likely have their lawyer.
I have filed for $2,850, but can I add damages such as Time off for work for court both to file, go to court and meet contractors, fees paid to my lawyer for advice,etc?