• October 31, 2014
October 31, 2014, 11:10:15 AM *
Welcome, Guest. Please login or register.

Login with your Chronicle username and password
News: Talk online about your experiences as an adjunct, visiting assistant professor, postdoc, or other contract faculty member.
 
Pages: 1 [2]
  Print  
Author Topic: Can additional expenses be charged by former owner after closing?  (Read 11971 times)
spork
If you are reading this, I am naked.
Distinguished Senior Member
*****
Posts: 16,149


« Reply #15 on: April 30, 2012, 2:15:08 PM »

OP, you need to contact the lawyer and realtor who handled the transaction. My guess is that these people will say that the former owners have no proper legal claim on your assets given that they completed the closing transaction, unless something to that effect was stipulated in the contractual documents. In the former case, the documents contain a statement that parties to the transaction cannot be held to any future claim by the other. In the latter case, the lawyer or your real estate broker should have informed you that such a statement existed (unlikely).

But the real reason to talk with these people (especially the lawyer) is to find out how you should respond to the small claims suit. It may be that the suit was improperly filed given the nature of the claim and some document sent by the lawyer as a response will make the suit go away.

Logged

a.k.a. gum-chewing monkey in a Tufts University jacket

"There are no bad ideas, only great ideas that go horribly wrong."

"Please do not force people who are exhausted to take medication for hallucinations." -- Memo from the Chair, Department of White Privilege Studies, Fiork University
clean
Distinguished Senior Member
*****
Posts: 4,375


« Reply #16 on: May 01, 2012, 12:15:12 AM »

Dont ignore it. Even if they are 100% wrong, if you dont show up to the trial, they win.  With the win, they could attempt to get  a judgment and place a lien on your house. 


Excessive?  I dont know... Could it be that they were looking to close on their house and as they could not close they did have to stay in a hotel and that the movers charged to unload the furniture somewhere to store it and then charged again to move it from storage to their house?

Logged

"The Emperor is not as forgiving as I am"  Darth Vader
larryc
Troll Proof
Distinguished Senior Member
*****
Posts: 22,998

Be excellent to each other.


WWW
« Reply #17 on: May 01, 2012, 12:29:47 AM »

We once had to move into a house two days late because the sellers just couldn't get their asses out the door. We showed up with a moving van, a kid and two cats and they were still there. I spent two days helping them move their stuff in the hot Missouri summer, then another day unloading our own stuff. The extra rent on the moving truck was hundreds of dollars a day, plus hotels and meals. They may indeed have spent $2500.

That is not the same as saying you owe them the money. Is there anything in your contract? Lawyer up.
Logged

Trolling for sex is not what this forum is all about.
irhack
Marshwiggle
Senior member
****
Posts: 671


« Reply #18 on: May 01, 2012, 9:29:51 AM »

When we closed we couldn't move into our home for two days because the owners had left it in such an awful mess (including but not limited to mouse droppings on the floor). We had closed on the same day on the sale of our previous residence and had no place to go. Through some admirable work on our lawyer's part the owners cut us a check for about the amount you mentioned and gave it to us at closing. It was to cover cleaning, hotel, meals, boarding the dog, having the movers hold our stuff a couple extra days...

anyway you need a lawyer.
Logged
ideagirl
Distinguished Senior Member
*****
Posts: 4,111


« Reply #19 on: May 03, 2012, 2:25:08 PM »

Dont ignore it. Even if they are 100% wrong, if you dont show up to the trial, they win.  With the win, they could attempt to get  a judgment and place a lien on your house.  

Chime. This thread is mistitled. It should be, "Can former owner sue you after closing if you close late and the delay costs them money?" Yes, they can (and they have). If you don't show up and they do, they win and not only does that mean they can put a lien on your house, it will also show up on your credit report. Not a good thing. But did they sue you in your own state/city, or in the town where they are now? If in your state/city, are they really going to fly back to show up for the hearing? (BTW, call the courthouse where you were sued and ask what the procedure is for small claims--is there a hearing? There almost has to be, but you should still get the lay of the land.) If they sued in the state/city where they are now, and you have no connection to that place, you may be able to get the case dismissed for lack of jurisdiction.

I would talk to my real estate agent, then get a copy of the complaint (or whatever it is that they filed in small claims court) and go talk to a lawyer. But the easiest way to resolve this is probably to offer them, say, $500 to drop the suit. You could try that and if they say no, then use that $500 to go talk to a lawyer (actually it shouldn't cost that much--you probably need less than an hour of the lawyer's time to get a good idea of what you need to do). BTW, you need a lawyer in the place where you were sued who specializes in real estate litigation.

« Last Edit: May 03, 2012, 2:26:23 PM by ideagirl » Logged
Pages: 1 [2]
  Print  
 
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.9 | SMF © 2006-2008, Simple Machines LLC Valid XHTML 1.0! Valid CSS!
  • 1255 Twenty-Third St., N.W.
  • Washington, D.C. 20037
subscribe today

Get the insight you need for success in academe.