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Category: Real Estate Law
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I bought a house last year in itasca county, mn. The well

Customer Question

I bought a house last year in itasca county, mn. The well was not working. I had three well professionals come an tell me that the house needed a new well. So the seller agreed to pay for a new well and put money's away in escrow for it. So it was all on me to get everything together to get a new well installed. So befor I sign any papers I said that I wanted the same quality of water that the house has because there were absolutely no rust/iron stains in anything like the tub,shower,sinks,and toilet. So the final paper in the agreement said hooked up an in working order. So the well driller,excavator,electrician,and water conditioner company's came an hooked everything up. And the seller doesn't want to pay for the electrician or the water conditioner company. What can I do?
Submitted: 10 months ago.
Category: Real Estate Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Attorney 1 replied 10 months ago.

Hello, and welcome. I'm a licensed attorney and happy to assist.

I'm sorry to hear you're having this trouble with the seller, but happy to say that you do have recourse. If the electrician and water conditioner company were reasonably necessary to install the agreed-upon well, the seller is obligated to pay for them. If the seller refuses to do so, you can bring an action in small claims court for full reimbursement. If it comes to that, you can navigate to your county court website self-help section, which will provide all the necessary forms for your action, along with user-friendly instructions. The law is on your side.

I hope this helps. If you need additional information or clarification, just let me know. If I have a dresser issue, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

Customer: replied 10 months ago.
Can we talk on the phone?
Expert:  Attorney 1 replied 10 months ago.

Sure. I'll send you an additional services offer. If you accept it, there will be a place for you to enter your phone number and I'll give you a call.

Customer: replied 10 months ago.
The seller lives in Maryland and the house an I are in Minnesota how will this work does she have to come here or would I have to go there?
Expert:  Attorney 1 replied 10 months ago.

Since the house is in Minnesota, the lawsuit, if any would be in Minnesota., If it comes to that, the location alone, should be a good incentive for the seller to pay.

Expert:  Attorney 1 replied 10 months ago.

I hope this helps. If you need additional information or clarification, just let me know. We can continue our conversation here without the additional charge of a phone call. If I have addressed your issue, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

Customer: replied 10 months ago.
The escrow agent that is holding the money knows that we are in disagreement an is giving the money back to her by Friday.
Customer: replied 10 months ago.
I'm really not able to afford that kind of money for that phone call right now:(
Expert:  Attorney 1 replied 10 months ago.

You can write a letter to the escrow company, and fax it over to insure prompt receipt, informing them of that dispute and demanding that the money not be released back to the seller until the dispute is resolved. Be sure to follow up by phone. That may do the trick. If the money is ultimately released, your recourse would be against the seller in a Minnesota court.

No problem about the phone call. This chat page works just as well.

Expert:  Attorney 1 replied 10 months ago.

I hope this helps. If you need additional information or clarification, just let me know. We can continue our conversation here without the additional charge of a phone call. If I have addressed your issue, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

Customer: replied 10 months ago.
Do you think if an attorney wrote a letter to the seller that it would proswade her into paying what needs to be paid without going to court because you an a few other attorneys that I have talked to agree with me an the steps I took todo everything.
Customer: replied 10 months ago.
I'm just not that type of person to be suing anyone but if it comes to it I'll file the papers.
Expert:  Attorney 1 replied 10 months ago.

An attorney letter could be very persuasive, and gives the impression of automatic follow-through. It is more likely to avoid court than if you send the letter yourself, but could end up as an extra cost if you do end up filing on your own.

Expert:  Attorney 1 replied 10 months ago.

It's a matter of preference.

Customer: replied 10 months ago.
The amount of money that is in escrow is over $24,000.00 the driller little over $5,000an excavator$1,100 she agreed to pay for. Electric***** *****ttle over $200.00 an water conditioner little over $3,000 is left to pay.
Expert:  Attorney 1 replied 10 months ago.

Sounds like the $3,200 at issue is worth a demand letter and trip to conciliation court, if necessary.

Good luck!

Best,

Attorney 1

Customer: replied 10 months ago.
Even if the escrow is over $24,000 one person told me that if over a certain amount I would have todo something different but I'm only going for the electrician an water conditioner.
Expert:  Attorney 1 replied 10 months ago.

Sounds reasonable. Is there anything else I can do for you today?

Customer: replied 10 months ago.
just fill out the paper work and send the law office a fax to hold escrow until court?
Expert:  Attorney 1 replied 10 months ago.

Yes.

Expert:  Attorney 1 replied 10 months ago.

If you are initiating court action, you will need to file the summons and complaint with the court, and serve it on the other party.

Customer: replied 10 months ago.
Can you mail it or what does that take?
Expert:  Attorney 1 replied 10 months ago.

The defendant in a lawsuit needs to be personally served. The sheriff local to the defendant will have a civil service of process department that can handle it for you for about $35.00. You would mail or fax the department the papers to be served, along with their instruction form. The instruction form will be found on their website. When you call, the department will direct you, accordingly.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 10 months ago.

Please let me know if there's anything else I can do for you. If I have addressed your issue, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help provided.

Best,

Attorney 1

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