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KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 1359
Experience:  Attorney at Law Office of KJLLAW
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I own a construction company in Nassau County, NY. 4 yeas

Customer Question

I own a construction company in Nassau County, NY. 4 yeas ago a bank issued the final payment to the company for some insurance work we were performing for the homeowner. the bank made an overpayment error of $6,500. +/- The error was not noticed until 6 months later. The Bank said the matter was their error and could not force me to repay. However, 4 years later the howowner wants me to pay her directly.
Question... does the homeowner have any right to collect the money from me or is her argument with the bank?
Am i obligated to repay the Homeowner for the overpayment when the bank said the matter is closed?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KJL LAW replied 1 year ago.

Good afternoon. Based upon the facts you stated, the homeowner could try and file an action for breach of contract, unjust enrichment or fraud against your company. They would have a large burden of proof to prove the case, but they may have enough to at least file an action and engage you in a lengthy court action. There also may be a statute of limitations issue with their potential suit, which would make any claim dismissible. I hope this helps.