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Old 12-01-2015, 10:33 AM
 
4 posts, read 2,892 times
Reputation: 11

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So, I purchased a home, and the seller was so un-organized that the day before at 5pm when I did the final walk through they had boxes everywhere, and were only about 80-90% packed, and close of escrow was at 11am the next day. Well, of course the next day at 11am they no where near moved out! I was at my storage unit with my mover's getting my stuff loaded, and my realtor was at the house cracking the whip on the sellers. My realtor held up the close of escrow til 1pm and then without my permission went ahead and let it fund otherwise the sellers wouldn't be able to close on their house (which I wouldn't have cared)! Well, the seller had to get the mover (Two Men and a Truck) to bring a second truck out to be able to get all their stuff out and they were not out of my new house until around 4:30pm! Now here's the problem, the mover's Two Men and a Truck damaged-scratched and gouged the laminate wood floors in 2 bedrooms and the hallway!!! We have come to find out it is virtually impossible to repair laminate wood floors. Now, the floors with the attempted repairs from the guy Two Men hired is worse than it was originally. No one is returning my calls or emails at this point, so it's obvious I have to do a law suit of some kind. Just not sure what or who to sue. To replace, this flooring runs through the ENTIRE house, 1800 sf, and Two Men state the ARE NOT paying for a house full of new flooring. So, who do I go after? The seller seeing's how he is the one who hired the mover to begin, or Two Men who has already been here and hired someone who has made a bigger mess?? Sorry for the long winded story!!
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Old 12-01-2015, 11:25 AM
 
Location: In a state of mind
5,998 posts, read 6,339,192 times
Reputation: 11248
This is probably better in the Real Estate section, but I would probably start with your realtor, ask them to inform the seller to fix this (replace floor). If no result, hire attorney to write a strongly worded letter. If no result file a lawsuit for damages, IF you can prove prior condition.

If you have to sue, sue EVERYONE!

PS, you have to watch movers every second. They hire cheap day labor.

Always photograph everything they move, floors and walls, and corners.
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Old 12-01-2015, 11:43 AM
 
Location: Atlantis
3,019 posts, read 3,113,816 times
Reputation: 8779
Quote:
Originally Posted by jamies View Post

PS, you have to watch movers every second. They hire cheap day labor.


I know, right!


But it is primarily due to the fact that the sellers of a home/real estate that are moving, make a conscious effort to hire the least expensive movers possible to get their items moved and base most of their decision to use the moving company that they hire exclusively on price/cost.


So it is absolutely no wonder that things occasionally get damaged.


Now. Regarding the OP stating that the moving company told the buyer that they would not replace all of the flooring that was damaged. That company has insurance to cover incidents like that, but what they do not want to do is turn a claim into their own insurance company for the damage they did to the flooring.


As far as the question of 'who should be sued'. . . . .


The seller should be sued since the buyer did not hire the moving company and the buyer had absolutely NO relationship at all with the moving company and did not sign a contract with the moving company. And then if the seller loses the lawsuit, (which will cost more in attorney fees than if the buyer just replaces the flooring) the seller can then pursue the moving company and the moving company can either write a check for the 'damages' or turn it into their insurance company, along with setting up a new training program to make sure that the labor they use (and pay $12 an hour to) does not damage floors inside expensive houses anymore.


And: BTW. If there had been any concern prior to the seller moving, about potential damage to the flooring, then a certain amount of money could have been left in escrow to cover the possibility of any of the flooring being damaged during the moving process. That solution would/could have prevented having to pay attorneys in excess of $300 an hour to solve a problem like this.
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Old 12-01-2015, 11:56 AM
 
6,339 posts, read 3,425,391 times
Reputation: 5255
The correct answer is to sue everybody. Notify everybody of the problem and then (using the cheapest reasonable remedy) fix the problem, get a quote or some writing from a contractor or two on their opinions on fixing the problem). Retain the invoice for your record w/ photographs and pursue a claim w/ both named as Defendants. The movers might also have insurance if they are licensed you want to find the solvent party.

But right now you don't want to sue, filing a complaint can run you in the hundreds alone, retainer for an attorney can run more than the cost of replacing the floors.

I'd start by consulting an Attorney, any local guy should be able to handle this, and see if they would be willing to create a not so threatening, but implicitly scary demand letter on a bonded letterhead and mail it certified to the parties above to maybe scare them a little bit. Sometimes this is all it takes to bring everybody to the table and resolve a problem. You won't need a 300/hr atty for a claim like this.
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Old 12-01-2015, 12:26 PM
 
1,440 posts, read 2,743,722 times
Reputation: 2581
Just to throw a little fuel on the flames here.
I'm a semi-retired flooring guy. I'm telling you this so you won't get a huge surprise down the road. Individual planks of that flooring absolutely can be replaced without replacing the entire floor as long as you have the proper material available. It's done all the time, it doesn't cost an arm and a leg and is actually quite easy. As long as the material is available, it's a relatively easy fix.
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Old 12-02-2015, 06:38 AM
 
379 posts, read 289,262 times
Reputation: 1110
Quote:
Originally Posted by Vikirdh1 View Post
My realtor held up the close of escrow til 1pm and then without my permission went ahead and let it fund otherwise the sellers wouldn't be able to close on their house (which I wouldn't have cared)!!

How was the realtor able to do this without your signature?




Maverick794 is exactly right. Laminate floor is really easy to replace. They usually have a tongue and groove type thing to attach them to each other and you can easily replace only the damaged laminate wood. The moving company is correct in saying they don't owe you a whole new floor. From what you described the moving company sounds like they were trying to make it right with you and they didn't do it right. Did you contact the better business bureau? That usually gets businesses attention when they don't return or answer phone calls.
You also need to call YOUR agent and since you have an incompetent agent, you need to get a hold of your agent's broker and let them know what happened. They should be able to help you with this matter.
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Old 12-02-2015, 07:04 AM
 
Location: Pinetop-Lakeside, AZ
1,285 posts, read 1,287,974 times
Reputation: 2180
I'm going to throw a little something in here. Granted, the sellers should have been more on top of their move, but really, throwing a temper tantrum because they weren't moved out exactly on time did nothing at all to help the situation.
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Old 12-02-2015, 12:11 PM
 
Location: Salem, OR
13,730 posts, read 31,503,571 times
Reputation: 12105
You do realize that if your home sale didn't fund that the sellers wouldn't have a place to go? It might have made a stressful situation worse if they had decided to stay in the house since they couldn't go house to house.

You would sue the sellers because they failed to leave the house in the same condition (assuming your contract has that clause in it). Out here it would be a trip to small claims court for that issue, but not sure how things work in your area.
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Old 12-02-2015, 03:52 PM
 
33,007 posts, read 12,430,027 times
Reputation: 20920
Quote:
Originally Posted by Vikirdh1 View Post
My realtor held up the close of escrow til 1pm and then without my permission went ahead and let it fund otherwise the sellers wouldn't be able to close on their house
How can your realtor approve funding the loan before you have done the walk through and given your approval?

In all the homes we've bought or sold, we had to do the final walk through and give the approval before the closing could be initiated.

It is unfortunate that the closing on their home would be held up because they weren't moved out, but that's the way it goes.

Have you spoke to this agent's broker?
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Old 12-02-2015, 04:08 PM
 
Location: SF Bay & Diamond Head
1,779 posts, read 1,322,868 times
Reputation: 1969
Quote:
Originally Posted by maverick974 View Post
Just to throw a little fuel on the flames here.
I'm a semi-retired flooring guy. I'm telling you this so you won't get a huge surprise down the road. Individual planks of that flooring absolutely can be replaced without replacing the entire floor as long as you have the proper material available. It's done all the time, it doesn't cost an arm and a leg and is actually quite easy. As long as the material is available, it's a relatively easy fix.
I'll bite. Not a flooring specialist but I have installed several thousand sf of laminate in rentals. Each board has two tongues and two grooves and the board is not very flexible. I can see the possibility of removing the baseboard and manipulating the short sides but if the board is in the middle of the room youd have to remove all the planks up to the damaged area.
If there is a secret let us know!
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