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How to get reimbursed for money spent on work necessary for a home Inspection?

I paid for work that was necessary in order for a home inspection to be able to be done on a property that I was under contract to buy. Seller agreed to reimburse but has ceased communication. Owner lives in TX. Home inspection revealed many issues and owner did not want to negotiate repairs or credits so contract has now been cancelled. I paid for both the repairs and the home inspection. Do I have any recourse?

1 reply

Nov 6, 2019

First, it's likely worth assessing whether the owner agreed to reimburse costs that went into improving the property. If the owner indicates that they wouldn't be repaying those costs (or didn't indicate one way or the other), then it may be an uphill battle for recovering payment. But, if the owner agreed to pay for repairs but failed to do so, then it should be possible to hold them accountable for that. Further, the form of the agreement may matter quite a bit, too. If there was a contract for the improvement (be that written or verbal), then pursuing a breach of contract action might be a potential route for recovery. If no contract was agreed to, pursuing recovery via unjust enrichment theory might do the trick. In either case, if the dispute is less than $5,000, then pursuing a recovery action in small claims court may be a helpful way to keep costs down while trying to recover payment. But, for ultimate clarity about what options may be available for recovery, it'd be wise to seek out a local Florida attorney and have them review your situation. They'd be able to review any relevant documentation or other communications and advise on what options might be available for recovering payment. Plus, note that the mere threat of potential legal action - potentially via attorney demand letter - may be enough to convince an owner to do the right thing and pay what's owed. You can find Florida construction law experts here: Construction Payment Experts in Florida.

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