Legal Question in Real Estate Law in New York

We recently bought a home with the contract stating that the home was to be sold "as is" but presented to us "broom clean" at time of change of possession. Also in the contract, we negotiated allowing the seller to remain in the house 5 days after closing, with provision that a second walk-through was to be done and we were to release escrow if everything was according to the contract.
NOW - the seller had glued magazine covers to a wall as decoration - and did not take them down upon changing ownership. Taking the magazine covers down resulted in damage to the wall . The house was also far from broom clean when recieved it. We asked for $400 - the cost of rubbish removal - and the sellers are refusing to pay. Do we have a case for small claims? We are just looking to recoup the money that it cost for removal.

Asked on 10/14/09, 1:18 pm

Thomas Sirianni The Law Office of Thomas A. Sirianni

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you should ask the attoreny that represented you at the closing this questions, providing you used one at the closing.

However, it seems like you may have a case but I would need more facts. Feel free to call me at 516-314-1343 to speak with me further

Tommy

Answered on 10/19/09, 1:39 pm

Michael Markowitz Michael A. Markowitz, PC

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I think you would have a proper small claims action - assuming that the magazine covers were glued after the contract was signed.

Remember, with regard to small claims, you must commence an action in the county where the seller lives - not where you live.

Mike.

Answered on 10/19/09, 3:03 pm

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