Suing the Buyer's for Security Deposit -Now what??

[Josi Colley]

We sold our house with a 30 day rent back and $1500 security deposit. Now the buyer's are making false claims and seeking to keep our security deposit. We took them to small claims court with 3 subpoenaed witnesses (friend, neighbor, house cleaner) all ready to testify on our behalf that we left the house per the contract. They sent their attorney to pull it out of small claims court and move it to General District Court where they can have representation. This was a scare tactic to get us to settle. They know they don't have a case against us if it goes in front of a judge. We're pretty sure their attorney is a family friend and doing this pro bono! So, they're not out of pocket. 

We've called 3 lawyers and would have to pay $300-400 just to get advice and see if it's worth pursuing. I'm reluctant to go to just any lawyer for advice, and especially at that rate. I at least want to know they have experience with this. 

Any advice? recommendations?

[Ron S.]

if its as you state, open and close case, go and represent yourself pro se.

[Josi Colley]

Thanks for the reply Ron. When we were getting the info from the bailiff at court he told my husband it's a whole different ball game. 

[John Barrows]

Not as simple as you have written. No sane person would respond to this because nobody but you and the buyer knows what the terms of the agreement is or what addenda that may be associated with these statements. 

Sounds to me like you've left yourselves open ended on this one. Sorry......

[Bob Prisco]

@Josi Colley move on, its 1500 bux, , karma

[John Chapman]

This is a pretty insane lawsuit.  (I say this as a lawyer who deals with litigation day in and day out)  It's clear that both of your hackles are up and this slugging it out over $1500 bucks seems like a waste of time and mental energy for everyone.  Unless the buyer is a complete fraudster (rare, but it happens), then he or she obviously feels aggrieved by the condition in which you left the property.  This is something that should just be settled.  I'd reach out to the buyer's lawyer and see what kind of compromise can be reached.  I guarantee you that, even if the lawyer is a family friend, he or she will want to see this thing resolved with minimal effort.   I've stupidly gotten sucked into representing friends and family and it's always a major hassle that I now try to avoid like the plague.

[Matt Clark]

@Josi Colley I don’t understand- you said their attorney pulled the case out of small claims and into General District Court. In Virginia small claims cases are always tried in General District Court.

[Josi Colley]

@Bob Prisco yes lets hope karma prevails on this one. 

@John Chapman I couldn't agree more with you that this is an insane lawsuit. Unfortunately, we were foolishly hoping for a quick resolution to this mess by going to small claims court. They claimed that we didn't leave the house in "broom swept condition" per the contract and took a picture of underneath the washer and dryer that we left them. We've had a cleaning lady come once a month for the last 3 years and even she never swept under the washer and dryer. We had 3 witnesses ready to testify in small claims court to the condition of the house, but unfortunately they wouldn't hear our case. At this point, we're concerned that they may go after us for more than the deposit, which doesn't seem out of the question giving the events up to now. 

@Matt Clark 

I believe Small Claims court is just a more informal court where lawyers are not present, and yes, apart of General District court. If the defendant wants to be represented by an attorney, 'before the judge decides the case, the defendant has the right to remove the case to the general district court by completing the Removal to General District Court form on the back of the civil warrant and giving it to the clerk or judge.'

The house was sold "As-Is". Taking this as a big lesson learned. Never rent back! Going to use this as motivation to fail forward. 

Thanks for all the responses. 

[Mary M.]

Not sure about your area, but we have a program via the bar association where you can speak to an atty for 30 min for 50 bux. I have used this a few times just to get a bearing on matters and it was helpful. 

Might be better than asking on BP? 

Also, maybe contact a local renters association for input 

[Account Closed]

Before I just chalked it up to karma, if I really didn't want to pay for a lawyer, I'd at least take the gamble of representing myself and bringing my 3 witnesses.  I think showing up with 3 witnesses should be something the judge would take note of.

They're probably hoping you don't actually show up to court and that you'll either give up or just settle.  Might be fun to see if they don't change their mind if you go ahead and write the lawyer a letter saying you'll see them in court, then, and you'll be asking for punitive damages, too.  Bluff them back.  As stated, this family friend may just have another little chat with them, if it looks like they're actually going to have to show up in court.

This kind of tactic works for me.  Bluffing the bluff.

[Lynnette E.]

Showing up with a housekeeper who will say that the area under the washer and dryer was never cleaned during her employment and having a contract that states the house was to be broom swept just proves your buyer's case.

Maybe most people do not clean under the washer and dryer, but others do because stuff under there is a fire hazard.  And your contract required it.

If that was their only complaint, just settle for $150 for them to have to clean there.  Generally one has to show that one spent $ to fix what was not done, and then keep enough of a deposit to make one whole.  One can not keep the whole deposit because of a minor mess.

I think you should go and represent yourself, but be very reasonable with the request.  I'd say, yes, we did not clean under the washer and dryer, but $1500 for that oversight is not reasonable.  We think that their damage was, at most $XXX.

And if they choose to clean the whole house at a cost of $1500, then that is well beyond a broom swept cleaning, unless you left a lot of trash and mess.

[Joe Splitrock]

@Josi Colley my guess is they did not follow state laws in how they handled the security deposit. They are required to allow you to be present at the walk through. They are supposed to show you deductions during the walk through. They are supposed to send you an itemized list of all deductions. You can't just say, "not clean" and send one picture. Even if the entire house was not cleaned, a cleaning service could clean the whole house for $200-300. Cleaning under a washer and dryer is maybe $30 worth of cleaning at most. The buyer doesn't understand that you can't just take the whole deposit. You can only take the portion required to remedy the damage. They should also be able to produce receipts or some other detailed proof of the expense they incurred.

That all being said, you need to be honest with the true condition of the property. I closed on a house earlier this year and it was filthy, plus had major stains all over the carpet. They claimed they were up cleaning until 1AM and said the stains were always on the carpet. The problem is the stains were covered when we viewed the property. They had rugs, toys or furniture covering up every stain. So although my offer was made based on condition of the property, I couldn't see what they were covering up. There was well over $2500 worth of damage in that case, so it is possible there are other things going on here. 

I have learned not everyone has the same standard of cleanliness, however there is a general standard that exists. Make sure your property was at that standard before you fight this. Based on what you shared, I would fight it.