Thread: Need opinions please

Depends on what you consider 'pursuing'.. but I'll get to that in a sec..

First I must ask, are you sure it's about $2,500 to replace? Sounds a little high to me. BTW, I live in TX and build houses here, so I'm familiar with costs. For example, look at different options on the glass door: just replacing the glass, or replacing with less expensive style than is in there now.

OK, should you pursue? Couple options:
1) Would this qualify for small claims court?
2) or How about a followup letter from attorney who will write a letter on company letterhead for $100-150.

Unfortunately, I wouldn't go beyond these options, because you need to buckle down and focus on getting that property sold, or whatever you plan to do w/ it. Going the full court route (unless small claims) takes tremendous time, energy and money.

Good luck to you!

It is 2500.00 for everything including glass, light fixture replacement and installation for everything missing

Thank you for your reply, basically what Im asking is if its worth pursuing. This is a place we are keeping long term.

Is there any type of fraud or theft committed because of the light fixtures?

yes.. there was probably theft and fraud.

All I'm saying is that you can be right and still not win. That's why one of my suggestions was to go thru small claims court if you can. It sounds like you keep extensive records and would do a good job of representing yourself..

Personally I wouldn't go the attorney, regular court route because you'll spend more than $2500 in attorney and court costs, and might not win.

Not sure how it works in Texas but in NC when you sign the closing papers you are taking the house in the condition it is in at the time of closing. This is why we do a walk through right before closing.

The items you mention are obvious to the casual observer and were not hidden or covered up by the seller and would have been discovered had you done a final walkthrough. Before you spend any money going after the seller read over your closing papers and see if you have a leg to stand on

Why didn't you do a walk through before you signed the closing papers?

Originally Posted by Greg

Not sure how it works in Texas but in NC when you sign the closing papers you are taking the house in the condition it is in at the time of closing. This is why we do a walk through right before closing.

The items you mention are obvious to the casual observer and were not hidden or covered up by the seller and would have been discovered had you done a final walkthrough. Before you spend any money going after the seller read over your closing papers and see if you have a leg to stand on

Why didn't you do a walk through before you signed the closing papers?

Good point Greg.
We used a Trec contract and it includes all the fixtures unless excluded in the contract. We did a walk thru 3 days before closing and the fixtures were there and the glass was not broken. I believe in my heart the glass was broken out of spite and fixtures were taken the last day they were moving.
Thank you for your answer thats why Im asking the question.

The glass may have been broken during the moving process which is another reason to do the walkthrough just before closing.

Originally Posted by Greg

The glass may have been broken during the moving process which is another reason to do the walkthrough just before closing.

True, but then it would be covered under the damage clause in the TREC contract. I'm really just asking for advice whether it worth pursuing or not? I personally think the case is cut and dry with pictures and witnesses I just didnt know if these tyope of things are worth it or not. I was also looking for somebody that might have experienced this and if the seller "stealing" the light is a criminal charge? Thanks

Taking the light fixtures was a breach of the contract and breaking a contract is not a criminal offense. Contract disputes are handled with lawsuits. I doubt it is worth it to hire a lawyer over light fixtures but if the seller is still local then maybe small claims might work.

Before you go to the effort go back and read the paperwork you signed to see if you accepted the place in the condition it was in at the time of closing.

You can take the seller to small claims court but there will be filing fees, time lost from work, as well as other expenses. Most likely they won't show and you will win a default judgment against them. However just because you obtained a judgment does not mean you are out of the woods. Now you have to proceed with collecting on the judgment which is more expense, more lost time and more aggravation.

What you can do if they stole from you and damaged the home and refuse to pay is take them to small claims court and get your judgment against them. Once obtained make one attempt to collect with a certified letter. Make sure you specify a "Pay By Date" in the letter. Once the payment doesn't come in then send the judgment paperwork to the consumer reporting bureaus which are different from credit reporting bureaus. Also make sure the judgment is filed with every law enforcement agency that will accept it. What this will do is totally screw the individual if they go looking for a job, a loan, credit card, etc. With a judgment hanging over their head it will last for years on their records and show every time someone checks their records, including employers, law enforcement, mortgage people, etc., etc. Eventually they might just learn it is better to pay the judgment than let it ride.

Of course if you do not want to go through all of that and want remuneration, and are willing to accept other than cash, you can just go key their nice new car, light a flaming bag of doggie doo on their porch, etc. Just don't get caught as they will successfully have not only a judgment against you but also criminal charges.