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luvsbob4603
To a healthy 2013
Member since 5/05 21840 total posts
Name:
To a brand new year to a healthier me
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tell me what you think about this?
Do you all remember when I told you about after we went to closing on our house on june 23rd and 1 of the previous owners was staying in the house for the extra day, than leaving the next day and that SHE caused a flood in our basement by using the washing machine and we had to pay for the service master because she left the flood in the basement for us to clean up when we moved in to it, we pulled the rugs up etc.. than we were trying to get our money back"escrow" from them for all of the damages WELL guess what? they dont want to release OUR money"escrow". what kind of Bull is that? they said they didn't think it was that bad the damages!Now we have to go to smalls claims court!Ughhhh this day is getting Better and Better.
What do you girls think? Should we cut our losses and just forget about it Or fight for our money that is owed to us? Thank you!
Message edited 12/7/2006 8:12:05 PM.
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Posted 12/7/06 7:49 PM  |
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Tine73
Member since 3/06 22093 total posts
Name:
*********
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Re: tell me what you think about this?
For me it would depend on how much the damage was and how much getting a lawyer would cost.
If it was only $1k or less in damage, I would let it go.
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| Posted 12/7/06 8:17 PM |
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csorisi
My 2 LOVES
Member since 11/05 1984 total posts
Name:
Corinne
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Re: tell me what you think about this?
You can fight them in small claims court without an attorney...the filing of the paper work is minimal. Yes it is a pain in the a$$ to have to do this but if you feel that it is worth I would do it. What is the worst that can happen the court finds for the sellers and not you. I don't think that it would be that much time or money and you are obviously upset about the situation. Plus when you bought the house and did your walk through before the closing there was no damage from the washing machine and while she was there damage was done. That is why attorneys hold escrow when sellers have to stay in the house after the closing for things like this.
I say FIGHT IT! Good Luck
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| Posted 12/7/06 8:25 PM |
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Ladybug63
Ohh... baby
Member since 5/06 2527 total posts
Name:
D
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Re: tell me what you think about this?
For me it would also depend on how $$ it cost you to clean/fix. If it was over $1k I'd prob. take them to court too!
Good luck, sorry u r dealing w/ this BS!
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| Posted 12/7/06 9:35 PM |
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bikramaddict
mommy-to-be
Member since 8/06 4376 total posts
Name:
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Re: tell me what you think about this?
It depends on the time it takes to do this vs. the money you are looking to get, IMO. But everyone is different.
My MIL took off an entire day of work to go fight a $15 parking ticket. Everything is relative.
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| Posted 12/8/06 9:30 AM |
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skew
LIF Adult
Member since 5/05 6794 total posts
Name:
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Re: tell me what you think about this?
i would pursue it . IMO, it is the principle moreso than the money.
Message edited 12/8/2006 10:09:08 AM.
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| Posted 12/8/06 10:08 AM |
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~Colleen~
my loves...
Member since 5/05 9129 total posts
Name:
guess
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Re: tell me what you think about this?
Posted by skew
i would pursue it . IMO, it is the principle moreso than the money.
I agree - I'm more about principle than the money...but I can be stubborn at times 
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| Posted 12/8/06 10:10 AM |
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aliwnec10
mom of 3 boys
Member since 4/06 11426 total posts
Name:
Ali
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Re: tell me what you think about this?
I could be totally wrong here... but if you let the previous owner stay in your house after the closing date... i believe that anything that occurs is technically your responsibility. 
That's why many lawyers don't allow for that in the contracts (that the owners have up to 5 days to leave the house after closing).
I'm sorry this is happening to you! 
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| Posted 12/8/06 10:26 AM |
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skew
LIF Adult
Member since 5/05 6794 total posts
Name:
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Re: tell me what you think about this?
Posted by aliwnec10
I could be totally wrong here... but if you let the previous owner stay in your house after the closing date... i believe that anything that occurs is technically your responsibility.
That's why many lawyers don't allow for that in the contracts (that the owners have up to 5 days to leave the house after closing).
I'm sorry this is happening to you!
there should be something stated as such to protect the buyers though. at least there was in my contract.
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| Posted 12/8/06 10:28 AM |
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aliwnec10
mom of 3 boys
Member since 4/06 11426 total posts
Name:
Ali
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Re: tell me what you think about this?
Posted by skew
Posted by aliwnec10
I could be totally wrong here... but if you let the previous owner stay in your house after the closing date... i believe that anything that occurs is technically your responsibility.
That's why many lawyers don't allow for that in the contracts (that the owners have up to 5 days to leave the house after closing).
I'm sorry this is happening to you!
there should be something stated as such to protect the buyers though. at least there was in my contract.
I would hope so but it all depends on your lawyer and how thorough they are.
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| Posted 12/8/06 10:32 AM |
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MrsBlueSash
Love my sailor
Member since 6/05 5793 total posts
Name:
Christian
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Re: tell me what you think about this?
I would fight it!
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| Posted 12/8/06 1:10 PM |
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june262004
But I love the Snow!
Member since 5/05 15379 total posts
Name:
Kristin
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Re: tell me what you think about this?
Posted by Colleen9304
Posted by skew
i would pursue it . IMO, it is the principle moreso than the money.
I agree - I'm more about principle than the money...but I can be stubborn at times
ditto.
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| Posted 12/8/06 1:38 PM |
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luvsbob4603
To a healthy 2013
Member since 5/05 21840 total posts
Name:
To a brand new year to a healthier me
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Re: tell me what you think about this?
Thank you ladies, it was in the contract that they can stay for 1 day, so according to the lawyer its all on them. Dh is suppose to call the lawyer today I will keep you updated, Now my other question is IF i have to go to small claims court , I am wondering if the previous owners owe you a day's pay from work since We are taking the time off to fight for OUR money? Am I making sense?
Message edited 12/8/2006 4:48:47 PM.
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| Posted 12/8/06 4:47 PM |
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Maathy317
Grammie's Little Man
Member since 2/06 3235 total posts
Name:
D
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Re: tell me what you think about this?
Posted by luvsbob4603
Thank you ladies, it was in the contract that they can stay for 1 day, so according to the lawyer its all on them. Dh is suppose to call the lawyer today I will keep you updated, Now my other question is IF i have to go to small claims court , I am wondering if the previous owners owe you a day's pay from work since We are taking the time off to fight for OUR money? Am I making sense?
No they don't. The courts' consider that part of your expense. You can, however, recoup your court expenses, i.e., the cost of filing the claim.
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| Posted 12/8/06 5:10 PM |
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