Small Claims Court - Indianapolis Franklin Township (real estate, appliances)

[homeinindy]

I am planning to file a small claim case against the seller/seller real estate agent for the breach of purchase agreement. The seller took some fixtures out of the home while moving out. They did not leave behind physical keys of the main door smart lock as well as the physical key of the garage. I am planning to use courtlinked.com to file my case. They have a fee of $74.95 which would be added to the case and recovered from the defendant. Does anyone have any experience with courtlinked.com ? Also how long do these claims take to be adjudicated.

[MortonR]

Is the value of the items removed from the home substantial? If not, it's unlikely you'll prevail. That will leave you with a bill that includes your filing fee and court costs, too.

Might want to do the math before you let emotions cloud your judgement.

RM

[sheerbliss]

What fixtures?

Can you call the seller's realtor and get the keys?

[sheerbliss]

In another thread, you wrote:

Originally Posted by homeinindy

So finally closing happened and I was able to get into my home. However, Seller took some fixtures (decorative shelves) with them, leaving holes in the walls, some of which were plugged and painted but are clearly visible.

I did not get the physical key for the main door smart lock but do have the code so I can enter the home. They did not leave me the owners manuals/warranty documents of the appliances - Refrigerator/Over/Microwave. The home is pretty new so these appliances would still be under warranty for sure. What options do I have to sort these out ? Unfortunately, we could not address all these issues at the time of final walkthrough as seller still had all their stuff lying around. My agent is trying to reach out to seller's agent but not getting any response.

I don't think warranties are transferrable, and you can look up owners manuals online.

You're seriously going to court over this stuff?

[homeinindy]

As I have already mentioned this is not about the money but a breach of purchase agreement. I am willing to waste my time, effort and money so that there is a clear understanding of what a seller's responsibility is at the time of moving out. In this case seller failed to transfer the physical key to the main door as well as the garage entrance. They also took fixtures affixed to the wall. There are many people who believe that its ok for the seller to do that and I am not blaming anyone. I just want to get this settled once and for all so that there is a precedent going forward. Even if I lose, it will help others who may be in similar situation in future

[MortonR]

Originally Posted by homeinindy

As I have already mentioned this is not about the money but a breach of purchase agreement. I am willing to waste my time, effort and money so that there is a clear understanding of what a seller's responsibility is at the time of moving out. In this case seller failed to transfer the physical key to the main door as well as the garage entrance. They also took fixtures affixed to the wall. There are many people who believe that its ok for the seller to do that and I am not blaming anyone. I just want to get this settled once and for all so that there is a precedent going forward. Even if I lose, it will help others who may be in similar situation in future

I'm curious as to the precedent established by your losing helping others. If I suss this out logically, that means it would affirm that it's OK to take the keys and a shelf or two as there is no retribution.

Or am I misunderstanding something?

Your award, should you get one, might be for the cost of a new set of keys and a few bucks for drywall patch compound. If you place any value on your time it's going to end up costing you money in the long run. You should try to funnel that energy into something positive. There are not so nice people in this world who fail to follow or respect social norms. Nothing you do is going to change that.

I would also point out that the record of the court proceedings and the outcome will be public record and forever tied to your name. People will look at this when they're checking you out for whatever reason and make note of it.

Whatever.

RM

[homeinindy]

Originally Posted by MortonR

I'm curious as to the precedent established by your losing helping others. If I suss this out logically, that means it would affirm that it's OK to take the keys and a shelf or two as there is no retribution.

Or am I misunderstanding something?

Your award, should you get one, might be for the cost of a new set of keys and a few bucks for drywall patch compound. If you place any value on your time it's going to end up costing you money in the long run. You should try to funnel that energy into something positive. There are not so nice people in this world who fail to follow or respect social norms. Nothing you do is going to change that.

I would also point out that the record of the court proceedings and the outcome will be public record and forever tied to your name. People will look at this when they're checking you out for whatever reason and make note of it.

Whatever.

RM

Thanks @MortonR .. Very informative and valuable input. Appreciate your response.

[ImmerLernen]

Hmmmm...I don't think the small claims route is gonna make any difference in anyone's life, other than as you say, wasting your time, effort and money.

More effective, from my point of view anyway, would be to contact your real estate agent (again!) and let them know you want some sort of remedy. The remedy would be from the seller, right? So, ask your agent to contact the seller's agent and tell them specifically what you want (items returned, repairs, money towards repairs, replacement of the shelves, whatever, but be reasonable). In a perfect world, the two agents would figure out how to meet your request...or show you how you're wrong about the shelves under Indiana real estate law (if you are...not saying you are wrong). If one or both realtors blow you off, you can let them know you'll be leaving negative on-line reviews for them. I would think any decent realtor would want to avoid that. I'm guessing the actual sellers are in the wind at this point, but one or both agents could shoulder the financial burden of making you whole. In the meantime, I assume you've changed the locks...?

You have already accomplished the "helping others" part of this situation by posting what happened to you; it's a good warning for those of us who are house-hunting to keep our eyes peeled during a final walkthrough and/or to find out in advance if something is included or excluded from the sale. Good deed done.

[sheerbliss]

Originally Posted by homeinindy

I just want to get this settled once and for all so that there is a precedent going forward.

I'm not a legal expert by any stretch, but I'm having a hard time picturing judges and legal scholars citing the landmark case of homeinindy v Seller over some keys, appliance manuals and shelves. Real estate law has precedents going back hundreds of years; what the seller is or isn't supposed to leave behind has probably been established sometime in Indiana's 200 years as a state.

[LLCNYC]

Originally Posted by homeinindy

As I have already mentioned this is not about the money but a breach of purchase agreement. I am willing to waste my time, effort and money so that there is a clear understanding of what a seller's responsibility is at the time of moving out. In this case seller failed to transfer the physical key to the main door as well as the garage entrance. They also took fixtures affixed to the wall. There are many people who believe that its ok for the seller to do that and I am not blaming anyone. I just want to get this settled once and for all so that there is a precedent going forward. Even if I lose, it will help others who may be in similar situation in future

Nope.