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I bought a new construction less than a year ago and my parquet floors are separating really badly (like an inch apart) in several places throughout the condo. I called the builder who keeps saying he will come by and never does. How can I sue him in small claims court? Will I win? If I win how likely is he to pay?
Thanks all.
I've sued twice in small claims court and won both times.
Before you try to sue, have you written a letter to the developer and explained the problem, with photos, demanded it be repaired, and given them 10 days to do so? That's your first step. If they fail to respond, then you go to court.
Be sure to sue the right person. In your case I'd name the GC, building sponsor/developer, and flooring contractor. The judge will figure out who owes what.
Document, document, document. Every letter you sent, every reply you got, every phone call you made. Dates and times. Closing docs showing when you took possession, photos (use a ruler to show how wide the cracks are) and estimates for repair from at least two places licensed in NYC.
I was both on the plaintiff and the defendant sides in the small claims court regarding security deposit. The first time, the landlord did not want to give back the deposit when we moved to an apartment in the same bldg, saying that there were damages to the apartment which was simply not true. I had to go to the actual facility 3 times-the first time to apply, the second time for the hearing where the landlord's rep was telling me I would not win and when the judge called us to the bench, he started saying that he needs to move the date since he does not have all the documents, the third time, before we went to the bench, they settled with me for the full amount.
When I was defendant, being sued by the same landlord for non-paying a few months worth of rent, things were a lot more serious because I was really in breach of the lease agreement by moving out earlier and not giving them enough warning. Since I did not agree to settle, it went through the whole process of discovery, followed by request for summary judgment from the landlord to which I wrote a 5-page rebuttal, the judge loved it and denied them the judgment. At the end of the day, we settled for 1/3 of the amount they asked for which I consider pretty great, I did use a few half vacation days to spend time in court, though.
Do you have any warranty from the builder? If not, then send him a certified letter, indicate all the dates and means you have contacted him and tell him that if he does not repair the defect within the next 10 business days, you will bring the matter to the small court as well as file a consumer report for him.
Have everything documented in writing, so that you are prepared.
I sued a parking garage for damaging my car in small claims.
I had every possible piece of documentation.
On day of small claims court, the defendant garage company sent some clueless employee (was not even a lawyer) with no idea of what was going on and without a shred of documentation to small claims (think My Cousin Vinny, but even stupider) and the judge easily ruled in our favor.
Have documentation for everything. The process is actually very simple and efficient.
The hard part is after you win, it may be difficult to collect your settlement.
Fortunately for the me, the garage paid promptly.
I hear of other nightmare stories of how hard it is to enforce the settlement.
Thanks all. That was great advice!!! I will start compiling my documents/photos. Yes I have one year warranty on the condo. And tomorrow I will send a certified letter, return receipt so I have proof their received it. That's the other thing I fear is not being able to collect the money if I do win.
Next question. I am looking at my offering plan and the sponsor is an LLC located at a certain address. Is that whom I send my letter to? I also have the name of the builder who was at the closing. Should I then include him as well? But I'm assuming sending them both to the same address?
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