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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31787
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am a realtor and sold a property that I had previously

Customer Question

I am a realtor and sold a property that I had previously rented out for my client. The lease was up on 4/30 but the tenants moved out 4/23. The new buyers had the property inspected on 4/27 and relayed to me on 4/28 numerous items of which two of their concerns had to do with the tenants. I had to get a licensed contractor out to give me a quote on the problems (which were electrical miswiring and dog damage). I didn't want to have my client pay for the quote and had to wait for a contractor that would give me a quote without charging. On 5/11 I received the quote and sent notification to the clients and cc'd the owner (my client) I also asked for their forwarding address. The owner rec'd the email but the tenant didn't. When I hadn't heard back from them in a while I checked to see what happened and the address was incorrect and I immediately resent with an apology that it was misdirected. This was on 5/17. Now I'm outside of the time restraints. They are contesting because I didn't get them notice on time. Is there any way I can protect my client from having to refund in full? If not, can I counter sue due to them not having permission to rewire the area that does not now work?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. If the tenants didn't receive notice of repairs in time, it is likely that the right to recover is lost UNLESS there is proof that the tenant intentionally avoided service of this notice, etc. However, you are right that your landlord can sue for any alterations or changes to the property without permission or authority from the landlord. Also, if the work was not inspected and approved, by local code enforcement officials, etc., they may be looking at paying out more than your client is wanting withhold.