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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46194
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I want to sell my house as it is but my agent told me to have

Customer Question

I want to sell my house as it is but my agent told me to have someone clean the house and he said he will reimburse me for the cleaning fee after the house was sold.He got an estimate of $900 from a cleaning company he found . And I used the company to clean the house and pay a check $900. My house has been sold in may 16th And escrow has been closed. He received his commission . I email him to ask the money back. He asked me to email him a copy of the estimate. And I did.
I haven't heard from him since then. I email him several time already but he didn't reply me
What could I do to get my money back ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Since he won't pay you voluntarily, file a claim against him in small claims court. You can do this easily without an attorney. The lack of a written contract can be overcome by the concepts of promissory estoppel, detrimental reliance, and unjust enrichment. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, iii) Person B's failure to perform would be to Person A's detriment, and iv) result in Person B being unjustly enriched, Person A can overcome the legal requirement that the agreement be in writing. Your situation satisfies all these elements. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.




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Customer: replied 1 year ago.
Instead of taking him to court could you help me in writing to him that he is responsible for the fee he promised and can I report him to his broker and the dept of real estate.
Expert:  Richard replied 1 year ago.
Thanks for your reply. Yes, you can report him to both his broker and the state board of realtors. I can help you with a template if you would like, but I can't send him the letter on letterhead....that would be outside the scope of what I'm allowed. Let me know if that would be helpful.
Customer: replied 1 year ago.
Yes I would like a template I could use and hopefully he will pay me back . Thank you
Expert:  Richard replied 1 year ago.
I have provided the template below for you....I hope this helps! I'm sorry for the delay....took me a few minutes to write it. :)








June __, 2013


By Certified Mail, Return Receipt Requested
_____________________
_____________________
_____________________


Re: Agreement for Reimbursement of Cleaning Services

Dear ________________:

On ________________, you directed me to have my house cleaned prior to listing and promised to reimburse me for the cost of cleaning when the house closed. The cost of that cleaning was $900. On, May 16, my house sold and you’ve been paid your commission. But, in spite of several attempts to obtain my reimbursement, you have neither replied nor made payment.

I only incurred this expense due to your direction and based on your promise to reimburse me. Now, I expect you to perform your part of this agreement. I hereby demand that remit payment reimbursing me for the cleaning fee in full within five (5) days of your receipt of this letter. I have lost my sense of humor on this issue and so this letter is the amicable attempt I am going to make to collect this debt. Should you not timely comply, I will have no choice but to immediately pursue any and all legal and equitable remedies available to us, including filing suit for breach of contract, fraud, and deceptive trade practices, seeking damages for: (i) the amount of the cleaning fee, (ii) any and all additional expenses incurred by me as result of your default (iii) punitive damages due to your intentional fraud and misrepresentation in convincing me to incur this charge when you had no intention of reimbursing me as promised, (iv) attorneys’ fees and all other costs related to the suit, and (v) pre-judgment and post-judgment interest. I am also fully prepared to file a formal complaint with both your licensing board and state Attorney General’s office.

Should you have any questions concerning this matter or if any part of this letter lacks clarity to you, please do not hesitate to contact the undersigned at __________.

Sincerely yours,
Customer: replied 1 year ago.
Thank you, XXXXX XXXXX email him this letter?
Expert:  Richard replied 1 year ago.
You're welcome....yes, you can email it.
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46194
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 4 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
Customer: replied 1 year ago.

After I email him the letter, my wife called to confirm if he receive the email, he promised to send out a check in the same day. but after a week we didnt receive his check ,so she called again, and he requested a bank account number (on Friday)so he will transfer the fund and we can get the money the next day. Today is monday , we check the account, no money has been transfer and he avoid our calls and text message. what can we do at this point to get my money back


 

Expert:  Richard replied 1 year ago.
Hi there and thanks for following up. Since he's not paying, file your claim in small claims court. You can do this by completing a simple complaint form the clerk of the court will provide you. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.
Customer: replied 1 year ago.


Should we send him a final letter giving him the last chance before we reporting to the board ,


In my last letter, we indicate that


"I am also fully prepared to file a formal complaint with both your licensing board and state Attorney General’s office., and possible legal action. "


Plesae advise


 


 


 

Expert:  Richard replied 1 year ago.
You can if you want to give him one last chance, but if he doesn't timely comply, then stick to your guns and file the suit and file your formal complaints.

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