The Sellers of the Basement of Doom (take 2)

[rowyn]

I put together a letter to send the people who sold me the house. This is an act of the wildest optimism on my part, since I expect they'll just ignore it. And even if I hire a lawyer to file suit, I'd be surprised if I managed to collect more than it'd cost to hire one.

But it's only $0.32 to send a letter, so, what the heck.

[Names and addresses withheld to protect the guilty and innocent alike.]

June 28, 2004

[SELLERS]

Re: [MY HOUSE]

Dear [SELLERS]:

On November 25, 2003, I purchased the above-referenced property from you. The seller's disclosure you signed on August 26, 2003 stated in section 7 item (d) that there was no water leakage in the basement.

Almost immediately upon moving to the property, I noticed that there was some leakage in the basement. I had hoped that this problem was minor and could be handled with minimal expense and no need to contact you.

However, since that time the basement at [MY HOUSE] has flooded completely on three separate occasions. I have spoken with three separate contractors on resolving this issue, and they have indicated evidence of multiple prior attempts by amateurs to resolve this, as well as indications of prior flooding. I am forced to conclude that you were aware of the persistent, extensive, and recurring problem of flooding in the finished basement, despite your statement on the seller's disclosure.

Based on these consultations, I have determined to hire KC Waterproofing. Their estimate is for $4,425.00, and I intend to have the work completed within ninety (90) days. This estimate is only to complete work to ensure no further water enters my basement. It does not include the damages done to property by the floods which have already occurred.

Because the nature of this problem was not properly disclosed to me at the time of the sale, I am asking you to pay for the cost of correcting it. Please remit the amount of $4,425.00 to me promptly at:

[ME AT MY HOUSE]

If you do so, then I will consider this matter settled and I will not pursue you for any additional monies (for example, for water-damaged articles or legal fees) associated with the water problem in the basement of this property.

If I have not received payment within thirty (30) days, by July 28, 2004, then I shall be forced to resort to additional measures, including but not limited to filing suit against the sellers for failure to disclosed material defects in the property they sold.

Thank you for your attention. If you need additional information, please feel free to send correspondence to me at the above address.

Sincerely,


[ME]

cc: [SELLERS' AGENT]
[MY AGENT]

---

One of my friends suggested that it'd look good to cc a lawyer, even if I didn't hire one. After all, it costs nothing to send a letter to a lawyer. Since I have a brother who's a lawyer, I'm going to ask him if it's all right to use his name. On the one hand, using my brother (who shares my last name) makes it look a little less "real": "Oh, suuuuure she hired a lawyer who JUST HAPPENS to have her last name." On the other, using my brother makes it look like I could legal services for free or cheap, which might be a bit more intimidating. (In truth, I can't use him as a lawyer, period: he's not licensed to practice law in my state and this isn't his field anyway.)

In any case, if anyone else has suggestions for what I might include, or exclude, from the letter, I'd love to hear it. Thanks, all of you.

Comments

[sandramort.livejournal.com]

Sounds like a good letter. I doubt it'll WORK, but good luck! What did the house inspection report say before you bought it? Water damage was definitely one of the things they looked for on our reports.

[rowyn]

Yah, I doubt it'll work, too. The inspection report said "ask sellers about water problems". The "indications of prior flooding" refered to in the letter boil down to "See where they've tried to patch? That means it's flooded before."

Maybe I should note in the letter that one of the neighbors has said the place always flooded. Bleah.

[oceansedge.livejournal.com]

It looks very good to me. Strong, with direct escalations, without being threatening, it's calm, cool, sticks to the points and facts. It is exactly what a good advocacy letter should be.

[rowyn]

Thank you. :) Though the "I'm going to get it fixed in 30 days" probably means I should set the wheels turning so it CAN get fixed. Sigh. Gotta deal with the city a bit more yet before I can get that started.

[oceansedge.livejournal.com]

Hey wild optimism is a good thing to have... or was that wild_optimist.... I get those things confused.

*snerk*

[prester-scott.livejournal.com]

I'd have sent it certified mail/return receipt, but otherwise, yeah.

[rowyn]

Good idea. Thanks!

Hmmmm...

[the-vulture.livejournal.com]

I think it may be a tad too adversarial. The tone of this letter would make a good follow up if cooperation wasn't received, but setting them on the defensive straight off the bat could be counter-productive.

Re: Hmmmm...

[rowyn]

Eh. I was going to be nicer at first, but there's no nice way to tell someone "Pay me four thousand dollars because you lied to me".

Re: Hmmmm...

[the-vulture.livejournal.com]

Well, there's "Could you please pay me four thousand dollars because you neglected to tell me about..." I dunno. I've always been a fan of trying for willing cooperation first. Assuming that they will be bastards about it could well be a self-fulfilling prophecy.

Re: Hmmmm...

[jordangreywolf.livejournal.com]

I agree with Rowyn. There's no "nice" way about it. Best to not beat around the bush. Besides, going, "Please, pretty please?" just about screams to the recipient that "I don't really hold out any serious hope at all that you'll pay me, or that I can do anything about it. So, please, PRETTY PLEASE won't you send me the money?"

I prefer the more business-like approach.

Re: Hmmmm...

[the-vulture.livejournal.com]

Yes, saying "Please, pretty please?" will not likely garner positive results. That is why I advised a polite and non-confrontational initial approach, as opposed to the obsequious one you described.

Re: Hmmmm...

[kelloggs2066.livejournal.com]

I'm a fairly non-confrontational sort of person, but given that you're basically saying "You lied to me." I thought it was a pretty fair tone.

I'm just sorry it's been such a big hassle. :(

Good Luck!

Scott

Re: Hmmmm...

[the-vulture.livejournal.com]

What I'm thinking is that there may be a less hostile way to indicate responsibility for not providing the appropriate information than out and out saying "you lied to me." People are a lot less likely to take responsibility for their actions if someone is getting in their face about 'em. It's all about avoiding the defence response. It's also about letting the other side keep face. (chuckle) Maybe I'm just too used to dealing with middle school kids.

Re: Hmmmm...

[kelloggs2066.livejournal.com]

If it were me, I'd try a phone call first to establish some way to breach the subject on a more personal note, to discuss the problem, what solutions they may have tried rather than going directly for the confrontation.

However, I recongnize that this does not always work.

I also recognize that this has been an ongoing headache to the Lady Rowyn and I don't blame her if she wants to take a different approach.

Since no one knows the situation better than she, I'm inclined to follow her lead. I just hope she gets decent results!

Re: Hmmmm...

[the-vulture.livejournal.com]

That would be my approach, too. And, yes, I also agree that it doesn't always work. But, in most circumstances, it's worth giving it a shot. I'll leave it to Rowyn to determine whether or not this is in that category.

Re: Hmmmm...

[level-head.livejournal.com]

You could make it a sales pitch closing, perhaps: "Would you prefer to reimburse me or to pay the contractor directly?"

];-)

Good luck with this!

===|==============/ Level Head

Just a thought...

[bakhra.livejournal.com]

There is a possibility that the local government public works and/or environmental department may have records of basement flooding in your area. I worked briefly for my local municipality, and remember that we had a map of the city depicting the locations from which flooding complaints were received over the years. It really helped identify the problems with the sewer system.

That said, there might even be a complaint from the former owners on record at city/town/county hall.

Good luck!

p.s.:

I think the letter is more than fine as is. The tone is cordial and professional, but it also shows that you mean business.

That you even offer a fair and reasonable compromise would show a judge looking after the fact that you weren't just being belligerent. In the courts, being reasonable, organized and well documented goes a long way...

Re: Just a thought...

[rowyn]

Thank you. I appreciate the suggestion, and your kind words. :)