Suit against builder

[samir1]

Careful - you overlooked this:

"Wherefore, defendant, hereby demands judgement against plaintiff dismissing the first count of plaintiff's complaint, with prejudice, together with costs of suit, attorneys' fees, and such other relief as the court deems just and equitable."

ok so this means if I don't file objection to motion, then court will vacate default judgement and award this in defendant's favor without trial? If so, then when I file objection to motion, I should present all evidence?

 

[quincy]

No, small claims max is $3k and estimate for replacement is $3800 as surrounding tiles are also needs to be replaced

Did you pay the builder for the tub already?

Have you asked the builder to replace the tub and tiles in exchange for a satisfaction of judgment?

I don’t see that the builder has much to support vacating the judgment, based on what you have said so far, if your contract clearly said one color and the wrong color was installed.

ok so this means if I don't file objection to motion, then court will vacate default judgement and award this in defendant's favor without trial? If so, then when I file objection to motion, I should present all evidence?

You will want to respond to the motion.

I recommend you check the legal resources provided you in an earlier link and find an attorney in your area to help you.

 

[LdiJ]

ok so this means if I don't file objection to motion, then court will vacate default judgement and award this in defendant's favor without trial? If so, then when I file objection to motion, I should present all evidence?

Again, that is going into the realm of our practicing law without a license. If there is a law library any where near where you live, you might go there to try to get some assistance.

 

[quincy]

A law library probably will not be of much help because legal terms are not understood. A law school clinic could be somewhere to check (on one of Rutgers campuses, perhaps). There are several resources available, but there is often an income limit.

 

[samir1]

Did you pay the builder for the tub already?

Have you asked the builder to replace the tub and tiles in exchange for a satisfaction of judgment?

I don’t see that the builder has much to support vacating the judgment, based on what you have said so far, if your contract clearly said one color and the wrong color was installed.

You will want to respond to the motion.

I recommend you check the legal resources provided you in an earlier link and find an attorney in your area to help you.

Thank you. bathtub/color selection was all included in purchase price so yes, it's paid at the time of closing.
Yes, I tried to work with builder and tried everything, but they refused.

I forgot to mention that they also installed white color toilet (and biscuit color toilet seat and tank). They replaced the toilet with right color because it was cheaper and quick for them. But they refused to take care of bathtub as it is costly for them to fix their mistake. I have this conversation in email writing where they agreed to replace the toilet with right color.

 

[quincy]

Thank you. bathtub/color selection was all included in purchase price so yes, it's paid at the time of closing.
Yes, I tried to work with builder and tried everything, but they refused.

I forgot to mention that they also installed white color toilet (and biscuit color toilet seat and tank). They replaced the toilet with right color because it was cheaper and quick for them. But they refused to take care of bathtub as it is costly for them to fix their mistake. I have this conversation in email writing where they agreed to replace the toilet with right color.

You appear to have evidence enough to justify the judgment you received.

 

[samir1]

Thank you all for help. Appreciate it.

 

[quincy]

Thank you all for help. Appreciate it.

We all appreciate the thanks, samir1, so thank you.

Good luck. I hope you eventually have a bathroom with matching fixtures, at no extra cost to you.

 

[zddoodah]

Careful - you overlooked this:

Re-read my post #21 again. I didn't miss it.

 

[zddoodah]

ok so this means if I don't file objection to motion, then court will vacate default judgement and award this in defendant's favor without trial?

No. I'm assuming that, along with the motion to vacate, the defendant submitted a proposed answer that it will file if the court vacates the default. You said that the quoted language is from the answer. It's completely standard language in a defendant's answer. If you don't file an opposition to the motion to vacate, the court will decide the motion based solely on whatever the defendant has submitted. That makes it more likely that the motion will be granted, but it's not a certainty.

If so, then when I file objection to motion, I should present all evidence?

No. An opposition to a motion to vacate is focused exclusively on whether the requirements of the statute that allows for vacating a default have been satisfied. Note that courts are VERY inclined to grant such motions because they'd rather have disputes resolved on their merits.

 

[quincy]

You could call the Court and ask if they have a standard “response to a motion” form for you to use. The New Jersey Courts often have legal “kits” available for the convenience of pro se litigants.

 

[samir1]

Hello Friends,

One more help I need PLEASE. This paragraph is from warranty booklet, not from court document so if someone can help me understand, that would be great.

Here is link to image: https://ibb.co/Rz4vjyH

The 3rd line from bottom, "Covered by this warranty...", what I understood so if I file a claim or request for arbitration, then I waive my right to institute suit against the builder, but that's only for "COVERED" issues in the warranty booklet. That means for issues that are NOT covered or excluded from warranty, I have not waive my rights to take legal action against the builder. Is my understanding correct? What's your input?

Thank you.

 

[quincy]

Hello Friends,

One more help I need PLEASE. This paragraph is from warranty booklet, not from court document so if someone can help me understand, that would be great.

Here is link to image: https://ibb.co/Rz4vjyH

The 3rd line from bottom, "Covered by this warranty...", what I understood so if I file a claim or request for arbitration, then I waive my right to institute suit against the builder, but that's only for "COVERED" issues in the warranty booklet. That means for issues that are NOT covered or excluded from warranty, I have not waive my rights to take legal action against the builder. Is my understanding correct? What's your input?

Thank you.

Again, you need a lawyer local to you to provide an analysis.

It does not appear on the surface that the installation of the wrong colored bathroom fixture is covered except by an express warranty, which means that you should expect that what the seller promised to sell you and what you agreed to buy is actually what is sold and delivered to you. The beige colored fixtures are what you contracted to buy.

 

[samir1]

Thank you. I understand I need a lawyer and trust me I did talk to few. No one is willing to even look at the documents until I hire them and pay $3k retainers fee, and then $200 to $300 hourly fee. I'm suing builder for $3k in small claims court. Instead of paying $3k to lawyer, it will be better if I just forget this and move on. Also lost my job so can't really afford attorney so trying to do everything myself with help from friends like you. So I understand you can't provide legal advice, but any information you can provide is greatly appreciated.
Thanks again

 

[Zigner]

Hello Friends,
...

Samir -

I asked this before but you didn't respond:

On your final walkthrough, did you sign something saying that everything was satisfactory? If yes, then you may have a problem. What you are describing is not a "hidden defect" that you could reasonably claim was not visible to you.