being sued in small claims court by buyer

being sued in small claims court by buyer

Kaukauna, WI · Member since 2016 · 3 posts · 0 votes

We were selling a vacant home as is through a realtor and had a amended signed offer that buyers could go in and fix peeling paint so appraisal could come out higher. Realtor over the phone discussed it as touch up painting. We agreed. Exact wording was, The buyer will take care of the painting and adding smoke detectors. We were not present when they did the "touch up painting". The closing came and went three times with all documented extension paperwork. The buyers could not get loan financing on the final day of closing. We decided to cut our losses and not extend the contract or accept a new offer, as this has been going on over two months. Anyway, they are now sueing us for nearly 4000.00 dollars to be reimbursed for painting garage, outside evs, two rooms and a closet.  They have copies of bills for supplies and pics of work being done.They are charging us 25.00 per hour labor that their family helped with.   We have relisted the house with another realtor for less money than we listed the 1st time, so we were not looking to make money off their work which they also claim. What are our chances in court?

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Upen PatelPro Member
Lender · Nationwide Lender · Member since 2015 · 1k+ posts · 814 votes
9y

@Carl Janssen As @Wayne Brooks said, don't worry about this. Just a few pointers to help you in small claims court.

* There is no lawyer. You represent yourself. Be professionally dressed.

* Present the information to the Judge as a matter of fact. Don't become the Judge and make accusations.

* Present each document as a separate piece of evidence. Label each (D-1, D-2, etc.) Starting with D as you are the defendant.

* Have a summary sheet that lists each document label and a one liner (e.g. Purchase contract for As-is property)

This will make life each of the judge and increase your chances.

*** I am not a lawyer. This is just my opinion based on past experience. ***

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    9y

    They have no leg to stand on, you're good. I did the same thing once, let the buyer (a handyman type guy) do some repairs to pass FHA, prior to closing. I did however, have them sign an addendum that they would not be reimbursed for any work if they failed to close, but I'm just anal about things like that sometimes. I would lose no sleep over it. When and if you actually have to go to court, it should be obvious they did for Their benefit in trying to get a loan. The fact that you extended the contract twice shows you were not trying to take advantage of them. Time for them to grow up.

  • Upen PatelPro Member
    Lender · Nationwide Lender · Member since 2015 · 1k+ posts · 814 votes
    9y

    @Carl Janssen As @Wayne Brooks said, don't worry about this. Just a few pointers to help you in small claims court.

    * There is no lawyer. You represent yourself. Be professionally dressed.

    * Present the information to the Judge as a matter of fact. Don't become the Judge and make accusations.

    * Present each document as a separate piece of evidence. Label each (D-1, D-2, etc.) Starting with D as you are the defendant.

    * Have a summary sheet that lists each document label and a one liner (e.g. Purchase contract for As-is property)

    This will make life each of the judge and increase your chances.

    *** I am not a lawyer. This is just my opinion based on past experience. ***

  • Kaukauna, WI · Member since 2016 · 3 posts · 0 votes
    9y

    Thank you very much for the experienced info you have shared with me. I am feeling alittle better about my situation.

  • Investor · Hyattsville, MD · Member since 2012 · 822 posts · 441 votes
    9y

    also, even better, they didnt use a professional painter and basically made up an invoice with their arbitrary family labor rates. Judge might not want to reimburse based on personal labor vs. professional labor from an actual business invoice just like a landlord can't bill a tenant for his personal labor cleaning a unit for excessive dirtiness but can charge for having a cleaning service based on invoice.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    Judges are no dummys they can see through BS  keep that in mind take the high road

  • Kaukauna, WI · Member since 2016 · 3 posts · 0 votes
    9y

    yes, all I can do is bring my paperwork give an honest point of view from my side, and hope to not be taken to the cleaners.

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