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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 11358
Experience:  Licensed General Practice Attorney, Texas
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I am selling a home in NC. I now live in FL. My NC realtor

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I am selling a home in NC. I now live in FL. My NC realtor used a contractor to fix the problems of the home before putting the house on market. Once we got an offer, the buyer's inspector revealed tons of problems I thought the contractor already repaired. It turned out the contractor took the money but didn't perform any repair works.
Even though I already paid for fixing the roof, the buyer demanded $3000 for re-roofing. I thought I didn't have to pay for upgrades but my realtor didn't convey my message to the buyer, and suggested that buyer may cancel the offer if I didn't pay for roof upgrades. I ended up paying $2000. Can I get $2000 back from contractor and realtor? If yes, do I use a lawyer in NC or FL?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

I'm sorry to hear about your situation. First of all, you would certainly need to sue in NC, as this situation would be governed by the state where the acts or omissions occurred. If you actually paid something to the contractor, and the contractor did nothing in exchange, you could get that money back. As per your consequential damages (what you paid over and above what you would have paid the contractor, for instance if you paid your contractor $1500 but had to pay $2000, the overage would be $500) that would only be recoverable if you could show that you would have avoided that issue for that amount. If he was to fix the roof, you could sue for at least $2000, and maybe the entire amount.

ScottyMacESQ :

Now that being said, it might be easier to file a complaint through the North Carolina Licensing Board for General Contractors...

ScottyMacESQ :

 


Any person may prefer charges or file a complaint against a general contractor. Complaints must be properly completed on forms ) provided by the Board, signed and returned to the Board office. All complaints received by the Board office are reviewed and assigned to a field investigator for an investigation. Once a complaint is received, written notice of the complaint and the charges are then forwarded to the licensee or general contractor for a response. Following a preliminary review of the complaint the investigator may gather additional evidence by making an inspection of the construction project or the work in question. Field investigators also may interview the Respondent contractor, fact witnesses or other individuals who are familiar with the case. When an investigation is completed the case is forwarded to the Board's Review Committee, which then determines whether probable cause exists to recommend that the case be presented to the full Board for a disciplinary hearing. The Board may impose discipline by revoking or suspending the license of the general contractor based on a finding of gross negligence, incompetence, misconduct, or willful violations of the licensing laws. If the general contractor (Respondent) is not licensed to practice general contracting, the Board may only seek entry of a permanent injunction against the contractor in Superior Court. The Board's disciplinary statutes, which describe these procedures, are found at North Carolina General Statutes 87-11(a), 87-13 and 87-13.1


 

ScottyMacESQ :

 


For questions concerning complaints or to request a complaint form, please call the Board’s Violations & Complaints Section at (919 ) 571 - 41 89.


 

ScottyMacESQ :

You can also sue, but depending on the contract that you had with the contractor, that may or may not provide for attorneys fees. If it doesn't, then suing with an attorney might cost more than what you could recover.

ScottyMacESQ :

If you have the ability to travel there, you can sue in small claims court for that amount.

ScottyMacESQ :

If this is an option for you (depending on your travel plans, etc...) you can do a search on the web for the county where the property is located and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you paid.

ScottyMacESQ :

Now I would certainly suggest contacting the North Carolina Licensing Board for General Contractors, as that would likely be the least "hands on" way to get some sort of resolution in your situation. Also try to work out something with the realtor, especially if the realtor handled the hiring of this contractor.

ScottyMacESQ :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thank you for your answer. I appreciate that it's detailed. I am a foreigner and would like to take some time to read it carefully. Can I save or print your answer?

ScottyMacESQ :

After you rate this, you can print it off (it will switch to Q&A, at which point you're able to print / save / etc...)

ScottyMacESQ :

Your rating will also let me assist other customers. If you have follow up questions, you can continue to ask, even after you rate, and I will get to them as soon as I can.

ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 11358
Experience: Licensed General Practice Attorney, Texas
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