suing over lost/damaged personal check

[emla5]

What is the name of your state (only U.S. law)? Virginia

As part of the sale of our townhouse, the realtor representing the couple who bought our house gave us a personal check at the closing settlement. The realtor had agreed in writing to give us this check to pay for an item of ours that was in the house when the couple saw it but was NOT part of the sale of our townhouse. The realtor's clients said they wanted this item of ours anyway, and to help "grease the wheel" on the sale of our townhouse, the realtor said she would buy it from us for her clients. It was worth the exact amount of the personal check (we did not profit from the sale of this item).

Once in our possession, the realtor's personal check was destroyed/damaged inadvertently by us and never cashed. We have asked the realtor to give us another check and she refuses. She says she represented SOLELY THE BUYERS in this transaction and that she DOESN'T WORK FOR US (these statements are true). The realtor has also said that she gave us the check and just like it was cash, if we lost or damaged it, that's our problem and not hers. She has also said she "bent over backwards" to get this sale pushed through (which is ludicrous, since we practically GAVE our house away given the market freefall of late). She has also said she needs more time to "think this all through." Its been nearly 6 weeks since we first asked her for a replacement check.

I have sent a letter about this to the owner of the realty firm and also called him and left messages, with no response. I have filed a complaint with the better business bureau AND started the arduous process of a complaint of ethical violation with her Board of Realtors. So far, nada.

If we sue the realtor in small claims court would we DEFINITELY win? I don't want the embarassment, the filing fees, and the paper-serving fees if this is not a definite thing here. Would the judge deduct the amount of stop-payment fees on the first check from our award? How would the amount of these fees be determined? Some banks charge $75or more for stop payments.

 

[Zigner]

If we sue the realtor in small claims court would we DEFINITELY win? I don't want the embarassment, the filing fees, and the paper-serving fees if this is not a definite thing here.

Now, how in the WORLD can you even think that someone could promise you a win. Personally, I'm putting your odds at somewhat less than 50/50.

Would the judge deduct the amount of stop-payment fees on the first check from our award? How would the amount of these fees be determined? Some banks charge $75or more for stop payments.

What bank charges more than $75 for a stop-payment?

 

[Antigone*]

This OP has issues on more than one level.

If my bank charged $75 for a stop payment then we would have beat the street's expectations...come to think of it, I think I might just call the bank president right now and tell him that I've figured out how to solve our financial concerns - we'll just start charging 75 bucks for a stop. Thanks OP!!!

 

[JETX]

If we sue the realtor in small claims court would we DEFINITELY win?

No.
Could you win?? Yes.

I don't want the embarassment, the filing fees, and the paper-serving fees if this is not a definite thing here.

Then never, EVER buy a lottery ticket. There is no such thing as a guaranteed win in court.

Would the judge deduct the amount of stop-payment fees on the first check from our award?

Could.

How would the amount of these fees be determined? Some banks charge $75or more for stop payments.

Presumably by having the defendant (in her countersuit) present evidence as to what HER bank would charge her.