Sellers of my new home did material damage to hardwood floors

2 Replies

Sellers of my new home did material damage to hardwood floors prior to title transfer. They are refusing to pay for the $800 of damage to fix the issue. They damaged the floors shortly after the walk-through and didn't bring this to light before closing. My agent immediately noticed and documented the damage when she opened the doors to give us keys to the home. She arrived approximately 10 minutes before us. She has photos, and documentation. We have a great deal of written communication backing up our case. The sellers and sellers agent has put in writing multiple times that they would fix the issue they caused, and admitted it was their fault of damaging the floors.

Sellers asked for quotes to fix the issue. We emailed them 3 quotes and chose the cheapest company to fix it. Quotes ranged $800-2000.

Sellers reviewed quotes and there shortly thereafter claimed that it wasn't them who damaged the floor, but the moving company. The moving company offered to have one of their workers do a DIY type repair that wouldn't fully fix the damage. I responded stating I am not comfortable using this method as several of the trusted experts I have dealt with on quotes stated the proposed method wouldn't work. I also don't feel comfortable using the moving company to fix the problem, because they could make it worse/not show up/start repair and not show up to fully finish job etc...

Sellers are now backpedaling on fixing the issue. They stated that they have done their due diligence by offering a repair via an unqualified moving company worker.

Worth going to small claims court over? What are my options besides send a demand letter for payment and then follow up with small claims court?

What are my chances of winning in small claims court? Not sure how to proceed.

Anyone have any thoughts on this? Would like to avoid small claims and looking for any ideas. No dispute damage was caused. Dispute remains as method of fix. Sellers moving company DIY guy versus buyers qualified flooring professional.

It is $800 bucks... It is not worth the headache and lawyer fees trying to go to court.

Move on with your life and considered it a life lesson to do walk through right before heading to the closing office.