Legal Question in Civil Litigation in Massachusetts

Real Estate Transactions

I was in the process of purchasing a home. After the home inspection was done and termites were found, the seller agreed to pay us 5000 at closing for repairs and termites. As my Bank required that the termites be treated prior to mortage processing I went ahead and paid for the termite service. The sale of my exsiting residence fell through and I was unable to purchase the property. I sent a letter to the owner asking for reimbursement of my 560.00. She never responded. I then sent her a letter (certified letter) which was returned unclaimed. Do I have legal recourse through small claims court?


Asked on 3/13/04, 9:23 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Real Estate Transactions

I would send the seller a93a letter of demand for the 5k & the other costs. There are some other issues including the reason for the failure to close the deal. There is some potential legal action. I would suggest that you consult a local experienced, real estate attorney.

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Answered on 3/14/04, 7:54 pm
Nance Lyons Law Office of Nance Lyons

Re: Real Estate Transactions

You assumed the risk when you paid for the treatment. You can try small claims but for this amount it probably wouldn't be worth it in terms of time. Also there is a good chance you will lose.

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Answered on 3/15/04, 3:05 pm


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