Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
8y
@Shaun Hunt In the realm of Real Estate issues, this isn't a big deal.
Have you asked the site superintendent or foreman to have his guys clean it up? A text is easy to ignore, a guy standing in front of you isn't.
Step 1 doesn't always have to be a lawyer. In a case like this getting one involved would hurt more than help since there is such a minor amount of true damages.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
8y
You should probably send them a certified letter, advising them that you will take legal action if the debris is not removed from your property. It may be more helpful if you have a lawyer send it. Also, if you see them on your lot, call the police and charge them with trespassing.
Investor · Boston, MA · Member since 2015 · 1k+ posts · 3k+ votes
8y
@Shaun Hunt In the realm of Real Estate issues, this isn't a big deal.
Have you asked the site superintendent or foreman to have his guys clean it up? A text is easy to ignore, a guy standing in front of you isn't.
Step 1 doesn't always have to be a lawyer. In a case like this getting one involved would hurt more than help since there is such a minor amount of true damages.
Cedar City, UT · Member since 2014 · 113 posts · 30 votes
8y
@Bill F. I would rather not go the lawyer route. I just came from the property about 30 minutes ago and mostly wanted to see some feedback as to what other have experienced.
Come to find out, the home has been finished and it looks like people are living there, so a face to face with contractor may not be as easy, but not impossible.
The thought, briefly, came to mind that I should return the items by throwing them over the fence, but I won't do that.
My preference would be not having to remove it myself, just because of principle and lack of equipment to make the job easy. I would have to bust the cement up by hand, load all items on a trailer and haul it 20 miles to the dump.
At this point if the house now has owners living in it you will most likely need to hire a lawyer. It is not the home owners problem and every contractor you contact will tell you it is not their responsibility. It's pass the buck/deny responsibility time. It's in their rear view mirror. Probably too late now and easier to just clean it up and move on.
It look like yo have three viable options that aren't mutually exclusive:
1. Clean it up yourself
2. Find the Seller and speak with them
3. Take the seller to small claims court.
For option 2 Either ask the home owners or look at the country records to see who sold the property. At the end of the day its their problem. Find that person's office and have a conversation. Bring pictures and ask nicely to have the debris removed.
Getting a lawyer involved is the most expensive route you can go. They will do what I have described above to find an address and charge you $200 to mail a letter. Best case the person responses, worst case they ignore the letter. What do you do now? Throw good money after bad for another letter? Sue them? Over what, a few hours worth a labor? Not worth the attorney's fees so we are back at small claims court.
Everyone is quick to point to the "litigious nature" of society today and how its ruining America, but when a simple issue like this arises the first suggestion is "get a lawyer!!" I'd be willing to bet most of those folks haven't had to cut lawyers to many checks. After you've done that a few times you start to look for ways to solve problems yourself.
Investor · Atascadero, CA · Member since 2015 · 238 posts · 90 votes
8y
I would not just let it go though. If the contractor is not responsive I would at the very least contact the union and/or BBB and leave a review or feedback. This kind of behavior is not professional and illegal. You should also look to see if they have yelp or google reviews and leave comments there.
It look like yo have three viable options that aren't mutually exclusive:
1. Clean it up yourself
2. Find the Seller and speak with them
3. Take the seller to small claims court.
For option 2 Either ask the home owners or look at the country records to see who sold the property. At the end of the day its their problem. Find that person's office and have a conversation. Bring pictures and ask nicely to have the debris removed.
Getting a lawyer involved is the most expensive route you can go. They will do what I have described above to find an address and charge you $200 to mail a letter. Best case the person responses, worst case they ignore the letter. What do you do now? Throw good money after bad for another letter? Sue them? Over what, a few hours worth a labor? Not worth the attorney's fees so we are back at small claims court.
Everyone is quick to point to the "litigious nature" of society today and how its ruining America, but when a simple issue like this arises the first suggestion is "get a lawyer!!" I'd be willing to bet most of those folks haven't had to cut lawyers to many checks. After you've done that a few times you start to look for ways to solve problems yourself.
Oh how I wish challenging someone to a duel was still a thing...
Investor · The Creek, WV · Member since 2014 · 890 posts · 1k+ votes
8y
Did you not realize this until the home was already completely built? I would find who the contractor was and/or go speak with the homeowners. I'd be nice about it and would not get a lawyer over this. I would just try a rational conversation to see if you can get it cleaned up.