Expert: liznarr - 2/25/2007

Question
I am a new home owner in Dayton, OH.  The prevoiuse owner "got to busy moving out" and did not repair the damaged linolium.  I checked several repair companies, gave them the total amount of the repair, and asked for payment to be made in two weeks.  They waited till the the last day to express thier concerns and are now refusing to pay.  Is she legally obligated to pay up?
Thank you,
Colleen

Answer
Hi Colleen,

Whether or not the previous owner is legally obligated to pay or repair the linoleum depends on whether or not there was any written agreement in your Contract of Sale (or any addendum thereto) signed by the previous owner agreeing to make the repair.

If an agreement to repair the linoleum was clearly spelled out in writing and signed by the owner, then you definitely have recourse.

If you had an agent representing you, get your agent and/or his/her Broker-in-Charge involved in making demand on the previous owner.  If this fails and you feel strongly about this matter, I would pursue the legal route.

If Ohio has a magistrate or small claims court system, you might be able to circumvent an attorney and related fees by representing yourself.

I hope the above is helpful to you.

Regards,
Elizabeth