Hard lesson?What could I have done different?

Discussion in 'Business Operations' started by KAG, Dec 30, 2008.

  1. Tim03

    Tim03 LawnSite Member
    Posts: 164

    I would like to suggest a solution, I am pretty new at this.

    As I understand it, you are contracted with the seller that will leave the state once the sale of the house is complete. And it sounds like if you don't complete the job the buyer won't complete the sale.

    If the job is a significant amount of cash and you have everything you need in writing to defend yourself in court if things get really bad (like take pictures to show you actually did what the contract says), why not hold your ground and not complete the job? The sale doesn't complete and the seller has to find another buyer.
    Mean while you proceed legally and get a lein insuring you get paid when the house is sold.

    Kag I am interested in how things come out.
     
  2. newz7151

    newz7151 LawnSite Silver Member
    from Tejas
    Posts: 2,419

    For Pete's sake don't say "screw it" and move on. Once you say it on one job, you'll end up saying it on others. I wouldn't even be thinking it over, I'd be letting the lawyer look over the contract and the estimate stating all the things you said here before you did the work (assuming everything is signed by both parties here) with the mold on the side of the house and them saying not to worry about that, just the foundation. Let your lawyer send them a note and "let them know" that they're paying THAT bill, or they can get ready to pay a much larger legal bill.

    Don't go all :canadaflag: with confrontation, stand up to it like an :usflag: and get your desserts. :weightlifter:
     
  3. HOOLIE

    HOOLIE LawnSite Gold Member
    Posts: 3,981

    I'd have to agree here...basically this is all being held up over the work you did. I'd call the seller's agent and apply a little pressure. Depending how much money is being argued over, the agent very well might pay this out of their commission. Real estate is slow...and they want to get paid!
     
  4. mommacutz

    mommacutz LawnSite Member
    Posts: 120

    Take the contract and the invoice to the title company. You may also want to call both principal brokers involved to alert them of the situation. Afterall if you intend on suing all parties will have to be named even the brokers.
     
  5. J.A.G LAWNCARE

    J.A.G LAWNCARE LawnSite Senior Member
    Posts: 931

    very true go to the listing broker and tell them the bull **** his agent is doing is going to end up in court if not paid in full...........give him copys and leave.................
     
  6. SuperDuty335

    SuperDuty335 LawnSite Member
    Posts: 140

    A few years ago I was interested in a particular investment property that had been on the market for a long time (bank owned). There was a nice in ground pool out back with a brick fence and pool house that was partly encroaching the neighbor's property, which had the title in limbo. As the buyer, I proposed to remove the encroachments to free up the title at my cost if they accepted my offer for the property. Everyone agreed and we signed the contract. I surveyed the property and hired an appraiser to do his magic and everything was in order. A month later and one day before closing I get a call from the realtor saying the bank declined the loan because the property was zoned incorrectly. Now, the bank that owned the property was also the bank I was borrowing money from. You would think one of those idiots would have realized in the last 3 years the house was for sale that it might not be zoned for residential;) I was ticked. So, I get over that ordeal and move on to another property. Nice house, blah blah, sign the contract. Everything is good until I review the closing costs which I was locked into. Discreetly tucked away in the itemized list was an appraisal cost of $450 for the new house plus $450 for the house the bank said I couldn't buy from them. Needless to say, I was ticked again. I asked the loan officer why in the %$$* am I paying this other appraisal? Her best and only answer was: "well, somebody has to pay it." :eek::angry:
     
  7. divine190

    divine190 LawnSite Member
    from NV
    Posts: 7

    Stand up for the work you have done, complete the left out work anyways.
    you would at least get a cover up for 50 % work done.
     
  8. Yard.Barber

    Yard.Barber LawnSite Senior Member
    Posts: 314

    This sounds like a darn good solution to me. Why give in when you completed work? The way I see it is you control the game and if they want to play it will be by your rules now, make them think it over and come to you now
     
  9. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,123

    If it is the buyer that owes you the money, send them to collections immediatly, and explain the situation to the credit collection agency. Their mortgage will not go through with a collections item on their credit.
     
  10. US landscapes

    US landscapes LawnSite Member
    Posts: 6

    You should have charged their credit card the day you did the work as your contract should have stated.

    Now if you you go do more work for free, they still wont be happy and want more free work.

    Most places if you do not receive payment at the time work is done, there is little you can do to get paid at all. We Turn down the realitors and let the new lawn guys have them.
     

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