Seller didn't complete agreed upon repairsQ

N

NrawGa

Guest
Jurisdiction
Georgia
Our seller agreed in writing to make certain repairs to the home. We drove by the
House the week of closing and saw that certain things were not done even though we were told everything was done. The selling agent and buyer agreed that they weren't. I found a contractor who gave me a quote to fix things the Wednesday before closing. Seller declined and found her own contractor. Because we were so close to the closing we agreed that the repairs could be completed after closing as that was the first available time he has. We didn't have the option of not closing since we sold our home that morning and were essentially homeless with no family living in the state half our stuff in a storage unit and the other half in a rental truck. We live near a large university and there were no rentals available.

We were given a money order at closing with the keys. When we saw the amount of the MO we knew that it couldn't possibly cover the repair work. Of course the contractor said he wasn't told about any of the major repairs and only a few minor ones. He called her and she laughed said "bye bye gotta go" and hung up. His hands were tied because he could only do the repairs that were paid for.

We filed a small claim. I have pictures of the unfinished work (which actually ended up being more things because they lied about some repairs being done). We went to court. The judge felt we should have given her a chance to make it right. I said given the info I had I didn't feel she would have been receptive. After three long hours in court the judge delayed giveing a judgement. She gave me two forms. One that says we reached an agreement and one that lets me dismiss without prejudice. She wants us to try and work it out.

It's been a week and The seller is again double talking and giving us the run around. We already had a quote from the contractor that she said she would come back out to the house with. I told her. She asked to see it, we assume because she doesn't like the amount quoted (from her preferred contractor!) that she is now trying to get ANOTHER DIFFERENT contractor out to give a quote.

Since we are giving her the chance we didn't the first time. We are going to dismiss without prejudice knowing we can refile and call witnesses this time. We didn't the first time because we had photos and signed contracts and didn't think we needed to subpoena anyone. Does that sound like a good idea? How long do we have to let this drag on for? We fear she is going to keep going like this until she finds a contractor willing to say what she wants them to say. I just want the things she agreed to do done so we can move on with our lives. I think it fair to just a the dollar amount quoted from her preferred contractor and we should be allowed to pick the person to do the work. She's no longer the owner, we are.

Thanks very much for your time and help
 
We are going to dismiss without prejudice

Bad idea. You'll only delay things for months and you'll never see any repairs or any money.

How long do we have to let this drag on for?

As long as you let her shine you on. Delay is the deadliest form of denial.

I just want the things she agreed to do done so we can move on with our lives. I think it fair to just a the dollar amount quoted from her preferred contractor and we should be allowed to pick the person to do the work.

That's right.

I suggest you file a motion for summary judgment on the grounds that she agreed to the work, you have the estimate, and there is no dispute about the facts, and she is not cooperating any further.

Google "summary judgment" for how that works. If there's only a few thousand at stake you might be able to muddle through to a reasonably quick resolution.
 
Bad idea. You'll only delay things for months and you'll never see any repairs or any money.



As long as you let her shine you on. Delay is the deadliest form of denial.



That's right.

I suggest you file a motion for summary judgment on the grounds that she agreed to the work, you have the estimate, and there is no dispute about the facts, and she is not cooperating any further.

Google "summary judgment" for how that works. If there's only a few thousand at stake you might be able to muddle through to a reasonably quick resolution.


Thank you for the fast reply! I'm going to look that up right now.
 
I don't think I made clear that The judge said she would issue a judgement at the end of the month. She went over all the possible out comes to illustrate we'd all be rolling the dice if we let her. With that said, is a summary judgement still what you'd suggest?
 
I don't think I made clear that The judge said she would issue a judgement at the end of the month. She went over all the possible out comes to illustrate we'd all be rolling the dice if we let her. With that said, is a summary judgement still what you'd suggest?


If you rolled the dice, the matter is "under advisement".

For the moment there is no applicable legal action you can take.

You're in the waiting mode, until the judge rules.
 
If you rolled the dice, the matter is "under advisement".

For the moment there is no applicable legal action you can take.

You're in the waiting mode, until the judge rules.


The whole process has been confusing. She gave us the forms to dismiss without prejudice and made it clear to the seller we could refile the case if we hit a stalemate.....again.
 
I don't think I made clear that The judge said she would issue a judgement at the end of the month.

No, you didn't make that clear. But now that you did, I agree with Army Judge that you have to wait for the judgment.

Personally, I don't think dismissal is a good idea for reasons previously stated.

You mentioned witnesses. What witnesses? And what would you expect to happen if you called them to testify?
 
No, you didn't make that clear. But now that you did, I agree with Army Judge that you have to wait for the judgment.

Personally, I don't think dismissal is a good idea for reasons previously stated.

You mentioned witnesses. What witnesses? And what would you expect to happen if you called them to testify?


Well we didn't subpoena anyone because the facts were pretty heavy on our side. We didn't think the whole thing would take more than an hour. It went on for almost 4. She suggested in court that she essentially paid for all the work in good faith and had no idea it wasn't done. it was explained to us that they completed the work that they were paid for and that's all they could do. I didn't know about things like hearsay etc. The witnesses we'd call would be our realtor and the contractor she had do the work the first time. They'd most certainly back the evidence we've presented. The judge had the officer in the court give us those forms at the end. She gave us a brief run down of what they were for. Her reason for delaying judgment was to "give us the chance to work it out amongst ourselves". We have small children and modest jobs. we can't afford to hire an attorney or to go without the funds to fix these repairs that weren't even supposed to be our responsibility. I really appreciate the help here. I don't think I can stress that enough.
 
The witnesses we'd call would be our realtor and the contractor she had do the work the first time. They'd most certainly back the evidence we've presented.

Good luck getting those two into court. If they ignore a subpoena it's unlikely that a small claims judge would find them in contempt, much less issue a warrant.

I suggest you sit down with each and get their agreement to testify and get a written statement as to what they will say in your behalf so you won't have any unpleasant surprises if you decide to dismiss, refile, and call them at a later date. Written statements are not admissible, but having them will guide you with your questions when your witnesses testify.

One option for you is to wait for the judge's decision and then appeal it to the Superior Court if you don't agree with it.

According to GA statute 15-10-41, an appeal from Magistrate Court is "de novo" (essentially meaning "do over").

2015 Georgia Code :: Title 15 - COURTS :: Chapter 10 - MAGISTRATE COURTS :: Article 3 - CIVIL PROCEEDINGS :: § 15-10-41 - No jury trials; appeal

And, according to GA statute 5-3-29, you may bring witnesses and new evidence to the new trial:

2015 Georgia Code :: Title 5 - APPEAL AND ERROR :: Chapter 3 - APPEALS TO SUPERIOR OR STATE COURT :: Article 2 - PROCEDURE :: § 5-3-29 - De novo investigation

Unfortunately, an appeal involves some additional costs and complexity since you will be facing a professional judge and subject to more rigorous rules of civil procedure:

2015 Georgia Code :: Title 5 - APPEAL AND ERROR :: Chapter 3 - APPEALS TO SUPERIOR OR STATE COURT :: Article 2 - PROCEDURE

And you run the risk that your seller will hire an attorney.
 
Thank you so very much. I guess We'll wait and see what she hands down. I think she believed us and our evidence. she just didn't like that we didn't reach out to the seller to try and resolve it before filing. The way she's acting now is the reason we just went ahead and filed. Thank you everyone!
 
Thank you so very much. I guess We'll wait and see what she hands down. I think she believed us and our evidence. she just didn't like that we didn't reach out to the seller to try and resolve it before filing. The way she's acting now is the reason we just went ahead and filed. Thank you everyone!

Texas and California require small claims plaintiffs to contact the other party in writing notifying the person of the problem and requesting the other party to do what was agreed upon on.

Some states require a settlement discussion. Maybe GA has something along those lines, and is what the judge meant.
 
Well she's now trying to intimidate and threaten us into taking a small pay out. She says if there is ANY judgement against her she will keep appealing so we better take what's she's offering and sign a paper agreeing that the issue is resolved or else. This woman works in law enforcement.
 
Well she's now trying to intimidate and threaten us into taking a small pay out. She says if there is ANY judgement against her she will keep appealing so we better take what's she's offering and sign a paper agreeing that the issue is resolved or else. This woman works in law enforcement.


Only you have the ability to say yes or no.
Choose wisely.
If you have a weak case, take the scraps being offered.
If you want your day in court, go to court, ignore her chatter.
 
Only you have the ability to say yes or no.
Choose wisely.
If you have a weak case, take the scraps being offered.
If you want your day in court, go to court, ignore her chatter.


I truly feel we have a case. if she continues to harass me I'll respond respectfully. I'll be sure to take those emails in to court with me.
 
I truly feel we have a case. if she continues to harass me I'll respond respectfully. I'll be sure to take those emails in to court with me.

Both parties disagree.
She'll NEVER agree with you.
You'll NEVER agree with her.
The only way to settle it is to go to court, or take her offer.
Arguing about the matter isn't productive.
 
Both parties disagree.
She'll NEVER agree with you.
You'll NEVER agree with her.
The only way to settle it is to go to court, or take her offer.
Arguing about the matter isn't productive.
You're correct Army Judge. She gave me a time and date to come and inspect the work. I've asked her to refrain from contacting me until then. I hate this. I only want her to meet her contractual agreements. Contracts should mean something. Thank you all so very much for your valuable advice. This site is fantastic and a useful tool.
 
You're correct Army Judge. She gave me a time and date to come and inspect the work. I've asked her to refrain from contacting me until then. I hate this. I only want her to meet her contractual agreements. Contracts should mean something. Thank you all so very much for your valuable advice. This site is fantastic and a useful tool.

You're welcome. We enjoy helping, that's why we do this.
 
Contracts are only as good as the people who sign them.

Contracts mean nothing until a judge says they do.

Great advice, however, if everyone was HONEST, a handshake would be all the parties required to do their deal.

Remember when you were a kid?
When one kid would renege on a deal, the other kids would ostracize the welcher.
Contracts don't mean a darn thing, just as adjuster jack said, OP.
Courts, mediators, or arbitrators must resolve contract disputes, when one or both parties breach a duty.

Kids rarely needed any such resolution, except what they'd did among themselves.

Adults, sadly, more often than not; fail to honor their obligations and duties.

The only way to avoid that is deal only with known, trusted associates, or never do any deal.

Unfortunately, neither is an acceptable option unless you live way off the grid and follow the way of our ancestors.
 
Oh gosh yes I remember that. You followed through or your name was mud with the other kids. I was raised being told all we really had was our good name and that you had to protect that. Shame everyone wasn't raised that way.
 
Back
Top