Hi all,
I'm new here, but I guess you guys can enlighten this issue.
About three months ago I purchased a property from someone who bought the land and build the house (with a kit-house construction company) 5 years ago.
When I met the vendor (to settle some issues before settlement) I've been presented with two pretty thick files that include all the information regrading the house: plans, permits, appliances invoices and warranty etc.
I was promised that I will get those files on settlement.Due to misunderstanding, and crappy job of his conveyancing company – the vendor had to leave the place earlier than he expected.
The story is short: he asked his conveyancing company to extend the original settlement date by two weeks, his conveyancing company had never let my conveyancing know about that and no document was signed to amend the date.
A week before the settlement, which was agreed 90 days before, the vendor found out that he has to leave. Now he feels I screwed him, making him pay for storage and rent.Before settlement I asked the realestate agent to make sure that the vendor leaves the files when he leaves and the vendor told the agent that he, "by mistake", packed the files with the rest of his stuff and it's in storage. He told the agent that he will turn it over when he will find a place to live.
Three months later – the guy has a place and I tried every way I could to polity ask him to give those files to me, I even suggested to come to his place so he won't have to spend time, money or travel.
He didn't respond to me, to the agent and refused a registered mail I sent him as last notice before I practice my legal rights.
Today I managed to talk to him over the phone, and he make it loud and clear that he has no intention to honour his obligation and just hand up the phone.Now – to the question: I really need those files. We live in bushfire prone area and I would like to have all the information I can get to be prepared.
Can I take him to small claims court? Making him turn the files over and pay for the lost of time and working days (basically making him pay for being such an asshole)?Thanx,
Ronen.I don't like your chances at all. In short, you can't use the legal system to make someone pay for "being such an asshole". If you were to take the vendor to the small claims court you certainly would not be able to get compensation for lost time and working days. The most you would be able to get would be a court order to turn the files over to you. And I doubt you would get that. The vendor's offer to let you have the files at settlement would not be considered to form part of the contract for the sale of the property as the offer was made after the contract was signed. And it would not be considered a separate contract because there was no "consideration", that is, something you offered him in exchange for the files. His offer would be deemed by the court to be just a nice gesture and nothing legally binding.
You should be able to go to the local Council and get the builder's details and then approach the builder and get plans. Council would have all the permits.
Cheers
K
The only thing the vendor has to provide to you is the home warranty insurance for the balance of the period of coverage ie less than 1 year of the six year insurance policy.
As Linar points out, it simply is not worth anyone's while to go for legal enforcement of a non-contractual item.
Guys, thanx for the replies.
As I still feel that he's acting in a way he should – I will talk to a solicitor tomorrow to see what's the chances (she's a friend, so she won't try to get money out of it….)
BTW Scott, as far as I know – it's 7 years, not 6 – so I still have about 2 years.
I will keep you posted.
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