#CaliforniaHomeSeller #DemandLetterThreats #RealEstateDispute #BuyerLawsuitThreats
Good afternoon,
If anyone is interested, this is the original issue i had with the buyer: [https://www.reddit.com/r/RealEstate/comments/160d5nw/sold_my_house_year_ago_buyer_wants_me_to_pay_for/](https://www.reddit.com/r/RealEstate/comments/160d5nw/sold_my_house_year_ago_buyer_wants_me_to_pay_for/)
Long story short, I sold a house in the State of California due to a military move. Buyer constantly sends me sue threats and repair reimbursement stating:
1. I, the seller, incorrectly installed floors, painted walls, etc., causing mold/mildew and other damages. It cost her X dollars, and I owe that.
2. If I don’t pay X dollars by 10 days of this email. I will sue you in small claim court!
She has been sending me stuff like this. I have discussed this with Military JAG previously, and I have dealt with her professionally so far. Last time, when she wanted $6000 for repairs on mold, I kindly replied that the mold was not in the inspection report when the buyer hired inspectors during the buying process. She has been quiet since then and just dropped another email on me today saying I owe $11,000 since I installed floors incorrectly, and that caused mold to grow.
I know I did not hide mold or had mold when I owned this house + I hired professionals to install brand-new floors. I am getting sick and tired of getting these sue threats from California when I live in the East Coast.
Is there a way I can stop her from sending me these threats every time she goes through a home repair? The demand letter is absurd in my opinion (since there was no evidence of my wrong-doings and invoices/proof I caused the damage) and I want her to stop from demanding these ridiculous requests. I rather not go to State of California to fight her in court (flight, hotel, time off, and lawyer costs) which I’m thinking that is what she is fishing me for. Any recommendation will be helpful. Thanks in advance.
### Understanding the Issue
The situation you are facing with the buyer’s constant demand letters and threats of legal action can be frustrating and daunting. It is essential to understand the root cause of her persistent behavior to effectively address the issue.
### Clarify Your Position
Communicate clearly and assertively with the buyer to explain your side of the story. Provide evidence, such as inspection reports and receipts from professionals, to support your claims and refute her allegations.
### Seek Legal Advice
Consider consulting with a real estate attorney in California to understand your rights and legal options in dealing with the buyer’s demands. An experienced lawyer can guide you on the best course of action to protect your interests.
### Establish Boundaries
Set boundaries with the buyer by clearly stating your refusal to comply with unjustified demands and threats. Maintain professionalism in your communication while firming asserting your position.
### Document Everything
Keep a record of all communications with the buyer, including emails, letters, and phone calls. Document any evidence that supports your position and proves the buyer’s claims to be unfounded.
### Take Precautionary Measures
If the situation escalates or the buyer continues to harass you with baseless demands, consider seeking a restraining order or legal injunction to protect yourself from further harassment.
In conclusion, dealing with a buyer who continuously sends demand letters and threats of legal action can be challenging. By understanding the issue, clarifying your position, seeking legal advice, establishing boundaries, documenting everything, and taking precautionary measures, you can effectively address the problem and protect your rights as a seller in California.
Remember, you are not alone in facing this issue, and seeking support from legal professionals and authorities can help you navigate through this challenging situation with confidence and resilience. Stay strong and advocate for your rights as a seller in the real estate market.
Ignore all communication from her and cease responding to it immediately. If she actually files a lawsuit, get a lawyer or ask your Jag for help. She’s not going to though, because no lawyer would take her case. It’s absurd.
If she actually files suit, then you could hire a local real estate lawyer for some fee and make it known to her that you are counter suing for legal fees and court costs.
You wouldn’t even have to fly out there. Have the local RE lawyer show up on your behalf
– Keep the letters, but ignore them.
– She can’t sue you in small claims since she won’t be able to serve you as you’re not physically present in CA, you’re not her landlord, and you’re not an out-of-state driver. (https://selfhelp.courts.ca.gov/small-claims-or-limited-civil)
– Suing you in civil court will cost her money just to file the case. Money she’s not likely to throw away on a case that she will lose.
– On the off chance that you do get served, you will want to contact a lawyer and respond, but this is extremely unlikely given what you’ve posted here.
NAL. Mold is typically caused by excess moisture which originates from leaks or humidity, not typically from incorrectly installed floors. She’d have a huge burden of proof to meet if somehow the flooring install itself is the ’cause’ of mold. Highly unlikely. Same thing with incorrectly applied ‘paint’ itself being the cause of mold. That is truly absurd. Mold needs a moisture source and none has been identified. She’d need to hire an expert witness and prove you or your contractors were negligent somehow. That too is far-fetched. She’d also likely have to give you the right to inspect the ‘mold’ and flooring/paint and allow you to offer to repair any defects at your expense BEFORE she does any alleged repair work. As others have said, I would just IGNORE her. She’s nuts. You could hire an attorney to warn her to stop harassing you or face a lawsuit etc etc. Until and unless she files in small claims court, try to put it out of your mind.
NAL, but I do work for a real estate brokerage. While I think you’re fine to ignore her threats, it seems like it’s giving you a lot of anxiety. Have you considered reaching out to the real estate agents involved in your deal? Your agent can give you some peace of mind about whether or not she’d even have a case, and her agent could possibility put an end to the harassment with a warning to her client.
Create a rule in your email to send all her bullshit to a separate folder and possibly review once per quarter but DO NOT EVER RESPOND. She’s likely still messing with you because you engage. But I’d still want to save the nonsense in case she somehow gets something on the small claims court docket and you have to deal with it.
Have battalion legal draft a letter informing her that she can’t sue for ‘buyers remorse’, but you can, however, save her letters and sue her for harassment. That might calm her ass down.
Send her a response indicating that you consider her threats frivolous and will be charging for any further requested responses. Charge her $85/hour or $35/page.