Breach of contract

[sm7]

What is the name of your state? Maine


Hello,
Thank you for any input available on this.
We have lived in our house for almost two years now. When we decided to buy the house we put into the buyer/seller contract that the previous owner was to do a couple of tasks previous to the sale. One of these was to remove a dog feces receptacle that they had buried in the back yard. The lid was visible at the time. In the contract it states that they would dig the receptacle out, remove it completely, and the fill in the hole. They did not do this. In fact, the made it look as if they did by pushing the lid into the receptacle, covering it with dirt and the planting grass on the top of it. They knowingly deceived us. We went to dig up the area to put in a vegetable garden, as it is the only suitable place in the yard, and found the thing. We have contacted the real estate company, they initially denied that it was possible that the contract was breached. We then sent pictures of the removal of the can of feces, and they evidently told the previous owner. He stated that he will be doing nothing to help us dispose of the 50 gallon receptacle full of feces.
Do we have any rights in this matter? We simply want the stuff gone, but do not feel it is our financial burden to bare.

Thank you in advance for any information you can provide

 

[Just Blue]

What is the name of your state? Maine


Hello,
Thank you for any input available on this.
We have lived in our house for almost two years now. When we decided to buy the house we put into the buyer/seller contract that the previous owner was to do a couple of tasks previous to the sale. One of these was to remove a dog feces receptacle that they had buried in the back yard. The lid was visible at the time. In the contract it states that they would dig the receptacle out, remove it completely, and the fill in the hole. They did not do this. In fact, the made it look as if they did by pushing the lid into the receptacle, covering it with dirt and the planting grass on the top of it. They knowingly deceived us. We went to dig up the area to put in a vegetable garden, as it is the only suitable place in the yard, and found the thing. We have contacted the real estate company, they initially denied that it was possible that the contract was breached. We then sent pictures of the removal of the can of feces, and they evidently told the previous owner. He stated that he will be doing nothing to help us dispose of the 50 gallon receptacle full of feces.
Do we have any rights in this matter? We simply want the stuff gone, but do not feel it is our financial burden to bare.

Thank you in advance for any information you can provide

Hire someone to dig it out and get a receipt on company letterhead. Bring this along with pic's of the doodoo pail and the contract to small claims court.

 

[LdiJ]

What is the name of your state? Maine


Hello,
Thank you for any input available on this.
We have lived in our house for almost two years now. When we decided to buy the house we put into the buyer/seller contract that the previous owner was to do a couple of tasks previous to the sale. One of these was to remove a dog feces receptacle that they had buried in the back yard. The lid was visible at the time. In the contract it states that they would dig the receptacle out, remove it completely, and the fill in the hole. They did not do this. In fact, the made it look as if they did by pushing the lid into the receptacle, covering it with dirt and the planting grass on the top of it. They knowingly deceived us. We went to dig up the area to put in a vegetable garden, as it is the only suitable place in the yard, and found the thing. We have contacted the real estate company, they initially denied that it was possible that the contract was breached. We then sent pictures of the removal of the can of feces, and they evidently told the previous owner. He stated that he will be doing nothing to help us dispose of the 50 gallon receptacle full of feces.
Do we have any rights in this matter? We simply want the stuff gone, but do not feel it is our financial burden to bare.

Thank you in advance for any information you can provide

Realistically, unless you sue them it doesn't appears that they are going to do anything, and suing them may not be worth it. You would still have to collect from them if you won a small claim suit, and that can be particularly difficult to do.

 

[sm7]

Hire someone to dig it out and get a receipt on company letterhead. Bring this along with pic's of the doodoo pail and the contract to small claims court.

Okay, thank you. So, you believe that we have a claim here?

 

[sm7]

Realistically, unless you sue them it doesn't appears that they are going to do anything, and suing them may not be worth it. You would still have to collect from them if you won a small claim suit, and that can be particularly difficult to do.

Okay. Thank you. So, the contract basically doesn’t mean anything? Even if it is a “legal contract”?

 

[Just Blue]

Okay, thank you. So, you believe that we have a claim here?

Based on you posting...yeah I do. Please keep in mind I am not an attorney. You should wait for other members take on this.

 

[sm7]

Gotcha. Thank you

 

[Just Blue]

Okay. Thank you. So, the contract basically doesn’t mean anything? Even if it is a “legal contract”?

If/When you sue and if you win there will be a judgement against the other party. They may not pay said judgement. Although it will effect their credit till it is paid off.

 

[justalayman]

One issue not mentioned:

If you acknowledged the issue was addressed to your satisfaction when closing you may have already lost your case.

Winning in court means you get a piece of paper from the court saying the other party owes you money. You still would have to collect on that judgment. Sometimes that is very difficult. If the other party now lives out of state, it becomes even more difficult to sue and enforce a judgment.

You also need to consider things like lost income while suing the other party. Time you lose from work is not recoverable.

While it appears you got the crappy end of the deal, sometimes it is wiser to just accept you got shafted and take care of the matter yourself. It’s up to you.

 

[sm7]

One issue not mentioned:

If you acknowledged the issue was addressed to your satisfaction when closing you may have already lost your case.

Winning in court means you get a piece of paper from the court saying the other party owes you money. You still would have to collect on that judgment. Sometimes that is very difficult. If the other party now lives out of state, it becomes even more difficult to sue and enforce a judgment.

You also need to consider things like lost income while suing the other party. Time you lose from work is not recoverable.

While it appears you got the crappy end of the deal, sometimes it is wiser to just accept you got shafted and take care of the matter yourself. It’s up to you.

Shoot. Okay. That is kind of what I thought. Would it be illegal for us to drop it off at their new house? Or to mail it to them? I know that this sounds so petty. I am just disappointed that they went to such great lengths to cover up the fact that they didn’t remove it. It was a blatant breach of the contract that they figured we would never know. There really wasn’t a way for us to know that they didn’t do it unless we dug it up right there before accepting the House... sorry for seeming so petty

 

[justalayman]

Delivering it to them could be illegal for a variety of reasons. I understand your angst but anything you have considered doing is not likely worth the possible repercussions.

 

[sm7]

Shoot. Okay. Thank you so much for your time. I am very grateful for it

 

[pac72]

would there actually be any doggie doo left after being buried for 2 yrs ? id think it would actually make good fertilizer for said garden, but you would still have to remove the buried drum/container

 

[LdiJ]

would there actually be any doggie doo left after being buried for 2 yrs ? id think it would actually make good fertilizer for said garden, but you would still have to remove the buried drum/container

Good point. The feces would be good fertilizer...and it would not be illegal to deliver their empty drum back to them. Its only delivering a drum with feces in it that would be illegal.

 

[justalayman]

Good point. The feces would be good fertilizer...and it would not be illegal to deliver their empty drum back to them. Its only delivering a drum with feces in it that would be illegal.

Yes it would be illegal to deliver the empty drum to the original owners. It might result in a trespassing charge (haven’t read the laws but unless prior notice is required, placing something on a person’s property is a trespass). It would also be littering or dumping which is illegal. It doesn’t matter if it was a brand new drum or not. One filled with a biohazard would invoke other laws but the lack of crap doesn’t make it legal.