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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37018
Experience:  Texas Attorney for 30 years dealing in real estate
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I purchased a house, escrow closed at the end of last month.

Customer Question

I purchased a house, escrow closed at the end of last month. part of the terms of the sale stated that the termite work must be done by the seller. The seller drug there feet and started the work, the week before escrow closed. They hired an unlicensed contractor to do the work, and in doing so he rendered my garage door in operable, and refused to fix it until I found out the contractor was unlicensed and I threatened to report the contractor. when the termite company who wrote the report and fumigated the house came out to inspect his work they wrote a secondary report that stated the back deck had not been fixed to there satisfaction, and that they believed the whole deck needed to be replaced. (i was not given a copy of this report I had to request it from the termite company personal once hearing about it) So before I got a copy of the report the contractor came back to "finish" the back patio, this was 2 and a half weeks ago) he said had to leave a few boards unfastened so the termite company could reinspect. Since I haven't heard from the contractor or the termite company in the past 2.5 weeks I called the termite company to get them out to inspect and they said since escrow has closed they will have to charge me 50 dollars to come out. is there anything I can do in this situation? being as the seller has not fulfilled there end of the contract stating that they would complete the work? I really want the board on the deck fastened back down as they are a triping hazard to myself, my dogs, and any guests I have over.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
I would contact the realtor and seller and demand payment as part of the agreed to repairs or treatments.If they refuse to pay here you likely have to pay and sue them in small claims.I would put in your letter that this was a breach of the sales contract.See if this doesn't get you paid.
If you have to sue in small claims California allows claims up to $10k so you may seek to add any damages and inconvenience costs as well.You would be creative in your suit and ask for filing fees here as well.
Small claims self help and forms if they will not pay here.
http://www.courts.ca.gov/selfhelp-smallclaims.htm
I am so sorry that you are having to deal with this.It should be covered by the seller and i hope a letter gets them to pay here.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
More small claims..
http://www.dca.ca.gov/publications/small_claims/
Thanks so much for the chance to be of service.

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