All Forum Posts by: Matt Morgan

@Clint Votruba thank you for the wording. I have asked the seller again if they'd like to continue this route. I have established in his mind the moving company can't handle this repair. I have sent the seller one final request if they'd like to continue their suggested route. I told him that we will need a written contract with the verbiage you provided signed by the company. Which we all know by now they won't sign.

I think this is a slam dunk in small claims at this point. Rather not but the seller is a complete jerk. $60 to file but I think I will recoup any costs I incur.

Great response. Thank you.

This whole thing has gotten more bizarre than ever. The owner of the moving company is also involved in a federal seizure case. $2.8m seized related to wire fraud. Multiple bankruptcies for past companies. Feds currently still hold his $2.8m and has held for past 3 years. I do not want to engage this group of idiots.

Plain and simple, sellers need to pay this damage caused. This guy definitely doesn't have insurance and isn't operating legally in the state of Ohio.

Now what? This is ridiculous....

I searched on Wyoming and I find the following:

Status:
Inactive - Administratively Dissolved (Tax)

Inactive Date

07/09/2019

Standing - Tax Delinquent

Standing - RA Delinquent

@Clint Votruba Moving company isn't on that list. 

Registration when searching https://businesssearch.ohiosos... shows Foreign Limited Liability Company registered in state of Wyoming. Why would they be registered like that?

Anyone have any thoughts on this? Would like to avoid small claims and looking for any ideas. No dispute damage was caused. Dispute remains as method of fix. Sellers moving company DIY guy versus buyers qualified flooring professional.

@Clint Votruba thanks for the advice. I will look into that now.

@Federico Gutierrez I would like to avoid small claims. There is no dispute that they caused the damage prior to title transfer. The only issue we have now is how the matter will be resolved. Sellers proposed worker at moving company fix versus buyers proposed qualified flooring professional.

Below is our next emailed message to sellers' agent.

Thank you for your quick response; however, there are a few items of note that the sellers and I disagree with in your email.

There is no speculation regarding when the damage occurred. The damaged hardwood floors were not there at the showing, inspection or final walk-through. This is made true by the following:

1) Sellers immediately attempting to visit the house at XXXXXXXXXX to attempt a DIY fix with furniture polish.

2) Sellers next action was requesting buyers to acquire quotes on their behalf to repair the damage.

3) Sellers reaching out to moving company to make damage claim against the move that occurred.

4) Sellers compelling buyers to have the scratched repaired via the moving company’s employees.

5) Timestamped photos from myself at the time possession of home was received.

As we can all agree, the ONLY item of dispute over the past 14 days is how sellers will go about fixing the issue (i.e. using the quotes they requested the buyers provide or using the moving company to fix the issue). This is the only point of issue that we have between sellers and buyers. Both parties have agreed that the damage occurred while the sellers were still in possession of the home.

Sellers’ proposal is to use an unqualified moving company employee to fix the issue. Buyers’ proposal is to use a qualified flooring professional.

Another item the sellers and I disagree with you on in your last email is that, “the sellers will provide the moving company to repair the scratch (most reputable companies have this policy set for when these types of things occur on their watch).”

A moving company that has damaged property and proposes a fix themselves is not a 3rd party. There is significant level of conflict of interest involved here. Moving companies will always propose the cheapest, quickest solution possible to attempt fixing the floors that they themselves damaged. Moving companies do NOT have experience in making professional repairs to flooring that they damaged. Any reputable moving company would NOT propose to fix damages themselves.

The sellers are completely open to resolving this matter by the buyers’ seeking another qualified flooring professional to complete the work. They are open any day of the week to have another qualified flooring professional visit the house, review the damages and provide a quote. Please let me know when the sellers’ have arranged for a 3rd party to review the damaged hardwood floor and have a proposed time available for an appointment.

They did ask moving company. They said it wasn't their fault, but sellers admitted it did happen while moving out. Moving company said they would do a "favor" and fix the issue with a DIY fix that wouldn't match colors on the hardwood floor. The whole thing doesn't make sense...

Sellers file a claim with the moving company's insurance company correct?

Sellers of my new home did material damage to hardwood floors prior to title transfer. They are refusing to pay for the $800 of damage to fix the issue. They damaged the floors shortly after the walk-through and didn't bring this to light before closing. My agent immediately noticed and documented the damage when she opened the doors to give us keys to the home. She arrived approximately 10 minutes before us. She has photos, and documentation. We have a great deal of written communication backing up our case. The sellers and sellers agent has put in writing multiple times that they would fix the issue they caused, and admitted it was their fault of damaging the floors.

2 scratches that are about 20" long. Pretty deep scratches that are unable to just cover up easily.

Sellers asked for quotes to fix the issue. We emailed them 3 quotes and chose the cheapest company to fix it. Quotes ranged $800-2000.

Sellers reviewed quotes and there shortly thereafter claimed that it wasn't them who damaged the floor, but the moving company. The moving company offered to have one of their workers do a DIY type repair that wouldn't fully fix the damage. I responded stating I am not comfortable using this method as several of the trusted experts I have dealt with on quotes stated the proposed method wouldn't work. I also don't feel comfortable using the moving company to fix the problem, because they could make it worse/not show up/start repair and not show up to fully finish job etc...

Sellers are now backpedaling on fixing the issue. They stated that they have done their due diligence by offering a repair via an unqualified moving company worker.

Worth going to small claims court over? What are my options besides send a demand letter for payment and then follow up with small claims court?

What are my chances of winning in small claims court? Not sure how to proceed.

Sellers of my new home did material damage to hardwood floors prior to title transfer. They are refusing to pay for the $800 of damage to fix the issue. They damaged the floors shortly after the walk-through and didn't bring this to light before closing. My agent immediately noticed and documented the damage when she opened the doors to give us keys to the home. She arrived approximately 10 minutes before us. She has photos, and documentation. We have a great deal of written communication backing up our case. The sellers and sellers agent has put in writing multiple times that they would fix the issue they caused, and admitted it was their fault of damaging the floors.

Sellers asked for quotes to fix the issue. We emailed them 3 quotes and chose the cheapest company to fix it. Quotes ranged $800-2000.

Sellers reviewed quotes and there shortly thereafter claimed that it wasn't them who damaged the floor, but the moving company. The moving company offered to have one of their workers do a DIY type repair that wouldn't fully fix the damage. I responded stating I am not comfortable using this method as several of the trusted experts I have dealt with on quotes stated the proposed method wouldn't work. I also don't feel comfortable using the moving company to fix the problem, because they could make it worse/not show up/start repair and not show up to fully finish job etc...

Sellers are now backpedaling on fixing the issue. They stated that they have done their due diligence by offering a repair via an unqualified moving company worker.

Worth going to small claims court over? What are my options besides send a demand letter for payment and then follow up with small claims court?

What are my chances of winning in small claims court? Not sure how to proceed.