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Buying or Selling a Home/Seller refused to pay for repaired linolium

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Question
I am a new home owner in OH.  The seller damaged linloium when after we made an inital offer, but got "too busy" to repair it before she moved out.  She offered $100 to repair, at which time I told her would not cover it.  I evaluated many otpoins and negotiated a contrator to $310 and gave her two weeks to pay.  On the last day her and her realtor said $310 was too much and that they would not pay.  Is she obligated to pay? Should I get a laywer or take her to small claims myself.  I have an e-mail trail of 90% of our conversations over the past two months.
Thanks for you advice!
Colleen

Answer
Dear Colleen;
If the previous owner told you  before closing that she was not going to pay the $310 and you still closed on the house then you basically accepted the fact that she wasn't paying and still bought the house.  At this point, getting an attorney (or at least consulting with one) is an option, trying to mediate is another option, and accepting her $100 initial offer is your third option.  I don't know how you would come out if you went to small claims court since the owner never offered to pay the $310.  However, if you have proof that she was willing to pay whatever it cost, then perhaps you have a better chance of winning in small claims.  I am not an attorney and therefore, I cannot advise on legal matters.  Why not call the closing attorney to discuss further.

~Jessica Bryan

Buying or Selling a Home

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Jessica Bryan

Expertise

buying and selling process such as:
General questions from first time buyers
How to market a home
Why choose a REALTOR
How do I find a REALTOR
Should I consider buying or selling without a REALTOR--how much can I save
Should I remodel or move
How much can I expect to gain by fixing up my home before selling
Helpful tips when selling
Helpful tips when buying
finding a good mortgage loan
what is the difference between banks, mortgage bankers, and mortgage brokers
Questions from the general public, people thinking about getting their real estate license, newly licensed.
Fellow professionals who have interests in networking and how to get started
What is a market evaluation and how does it differ from an appraisal what are the different loan programs
services a REALTOR can perform
when to use a lawyer
when to use escrow
what are the regional differences in the buying and selling process
what is the MLS and how does it work
how can the layman access information on the web--listings and other information
These are just a few of the questions. I can suggest that if I am unable to answer a question I will refer the inquiry to a source that can.

Experience

Anyone who is in this business and who dedicates oneself to professionalism has continued to take classes and along with it,additional credentials, awards and honors. I can list a host of them, but my greatest accomplishments happen to be those of getting first time buyers (who didn't think they could afford to buy a home)into a home of their dreams. The look on their faces when I hand over the keys is worth all of the hard work.

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