Would you take it to small claims court?
Posted on November 30, 2007 - Filed Under Business |
Your opinion please.
Here’s the scenario. A friend of mine, let’s call him Paul, just recently purchased a house. The seller, who is also a Real Estate Agent, worked out a contract which included purchasing all of the appliances in the house.
Two inspections were carried on in the house. Both times the washing machine was full of dark clothes and water. When pressed, the seller said she was soaking clothes. Since it would be too cumbersome to remove the clothes and the water, Paul let it slide believing the wash machine was in good condition.
Paul took possession of the house. When he finally went to wash his clothes, he noticed the entire interior of the wash machine was rusted out.
Contacting the Seller did nothing more than produce a "Too bad" in response.
Question:
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What would you do?
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10 Responses to “Would you take it to small claims court?”
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Not sure Paul would get anywhere in small claims court.
If Paul was not represented in the transaction, the seller/agent had a dual representation responsibility. The seller’s disclosure requirement is very clear, and a licensed seller is held to a higher standard. The broker is not going to risk a license complaint over a $400 washing machine.
If that happened to me, I would write a detailed letter describing exactly what happened to the agent/seller’s broker. I would say that the apparently dishonest behavior on the part of his/her licensed employee reflected badly on the company, and the broker and agent should step up and remedy the problem.
If I received no response, the next letters would be to the DRE.
A washing machine costs $250. A used one $150. It’s not worth it. Of course, there’s a lesson learned here. You can’t be nice, ask the people to remove the washer so the inspector can turn it on, or else ask for a credit.
Once I was looking at a house and the whole family stayed in a bedroom while I was there. I thought it was odd cause they could have gathered in a much larger room. When pressed they said it was cause they didn’t want to bother me. They had little kids and it seemed bothersome to make them leave the room. My gut feel and my realtor’s was that there was something in the room they were hiding.
How does your friend value his time?
While I believe the real estate agent did your friend up wrong, the time spent preparing to win in court would most likely be more valuable than a new washing machine.
I would call the agent’s broker and then call the local Board of Realtors. Dirty behavior should not go unpunished. Two calls should do it. Shame on them!
I agree with the others. The agent did wrong, but it’s not worth the time to go to court. Chalk it up to a learning experience. I would, however, write a polite, factual letter to his broker and, if that person doesn’t provide a satisfactory response, file a complaint with the local Board of Realtors stating you aren’t looking for any compensation but just want to make sure this guy acts ethically in the future.
I’d be pissed, but wouldn’t waste time taking someone to court over it.
What comes around goes around.
“How does your friend value his time”
Exactly. Spend the few hundred bucks for a cheap top loader, and consider it the cost of learning.
- pasadena
How about an third choice on your poll? Deposit said washing machine on the agent’s front porch one night… or on the driveway behind her car… wouldn’t want to trespass on her lovely lawn
After all, it was obviously broke all along, so she must want it back so she can fix it, right?
Go the route of complaining to the DRE/agent’s broker about this. It is way shady and I can’t imagine that an agent wants a complaint filed against them over $200-$400…… If he still tells you to pound sand, then write up the letter and mail it to the broker and the DRE. At least then maybe someone else will know to double check on this guy. I really can’t believe how shady that is. Honestly I might send in the letter no matter what. As a fellow agent we need less agents like that out there.
Hopefully you are able to get this resolved.
I had the same problem and came upon this blog. I am taking the matter to small claims and I am going to win. To bad I cant sue for more. Recently filed it with http://www.civiltree.com and awaiting for my trial date. I let you all know how it went.