Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Naptowner, just wondering, if hypothetically a seller in this same scenario were unable to transfer a title free of any liens (short sale), does specific performance still apply? I mean, how could a court order someone to deliver something if they can't?
Damn, I hate when I miss that. I didn't pay attention to the year.
And bbronston, if it's a short sale, meaning the bank has agreed to take less than they are owed, the title clears the same way it would if it wan't a short.
I had a gas leak and want to know If I should sue the seller. The gas leak happened on September 3, 2010, but wasn't found until Septemebr 7, 2010 by the gas company. Someone turned off the gas from August 5, 2010. Since I owned the house I thought it would be okay for a friend to turn it on September 3, 2010. This cost is $3,898.00 for me to pay and have low inclome.
Noting you posted the above today and that September was five months ago, and assuming that you closed escrow at or about that time, you might have had a case back in September or October. Admitting I'm not a lawyer, IMO you have probably waited too long to take any legal action.
My situation may or may not be similar to yours, see below:
Quote:
Originally Posted by manderly6
Why would you sue the seller?
My escrow instructions included a clause where the seller guaranteed that all appliances were in proper working order on date of escrow closing. I took possession, had the gas company come out and turn on my gas and light the pilots. The gas company turned on the gas but advised me they could not light the pilot for a wall heater because it was unsafe. I got that in writing, got two repair estimates, got my heater repaired per the least expensive estimate, then copied all and sent them to the seller (via registered mail) along with a cover letter requesting reimbursement for my repair costs (about $100-$200). Seller ignored my letter so I filed a case in small claims court, and won, including reimbursement for filing fees and service fee (for them to appear in court).
So Manderly, the buyer could have a case if the seller made any agreement guaranteeing that things were in good working order, or could have a case if the seller knew of some defect or flaw but failed to disclose it. The details depend on the nature of exactly how the gas was defective, and the terms of the sale.
Quote:
Originally Posted by rjrcm
Be aware this thread is over a year old. Likely the OP has resolved their issue by now.
DianeM - suggest you start a new thread to get responses to your concern. I also don't know why you think the seller would be responsible.
Like I said, depends on exactly what was broken and what the terms of sale were. If it was timely and some sort of flaw the seller should have disclosed to the buyer, then the buyer might have some recourse. Perhaps Diane will fill us in further on the details.
Naptowner, just wondering, if hypothetically a seller in this same scenario were unable to transfer a title free of any liens (short sale), does specific performance still apply? I mean, how could a court order someone to deliver something if they can't?
I was thinking about that too and I don't see how specific performance could apply. If someone is coming up short it is up to that bank to be willing to take less or not.
...Like I said, depends on exactly what was broken and what the terms of sale were. If it was timely and some sort of flaw the seller should have disclosed to the buyer, then the buyer might have some recourse. Perhaps Diane will fill us in further on the details.
Good point. I was responding based on the lack of information in DianeM's post.
Something in Diane's story is not working for me: she said, "I ... had a friend turn on the gas" on 9/3 and on 9/7 the leak was discovered. I didn't know it was possible to turn on the gas - LEGALLY - without the gas company actually doing so because of possible unknown leaks and/or pilot lights.
Depending on the leak itself, she might have recourse against the seller, but again, we don't have enough info on the leak or what the $2K bill is for.
Damn, I hate when I miss that. I didn't pay attention to the year.
And bbronston, if it's a short sale, meaning the bank has agreed to take less than they are owed, the title clears the same way it would if it wan't a short.
Sold home in Indiana last year. Buyer is suing for nondisclosure of water problems in basement. There were no water problems while I lived there. Am I responsible to cover the costs of waterproofing the basement? How long after the point of sale is the seller still responsible for the condition of the home?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
