I had flooring installed and it was never completed. Now I'm being threatened by the seller of legal action..?
Answer:
How much did it cost you to have the job finished and the damages repaired?
I think your husband is right.
Did you notify the seller of the installation problem in writing? If not, then do so immediately and send it via certified mail. Save a copy of the letter and proof of mailing.
Get a written professional opinion from a reputable flooring company, regarding the condition of the floors in question. If possible, ask if they would testify for you as an expert witness during the small claims court proceeding.
Offer to pay reasonable expenses to this floor professional.
Take photos of the floors and print them. Digital images on a CD will not be acceptable.
Bring the letter from the Contractor's board to court.
I would take him to small claims court ASAP, after the letter has been sent. The court will ask you if you have taken that step and what the result was.
Having not seen your contract with the seller, I can only give advice based on your facts above, sue in small claims to avoid having to hire a lawyer and do it before he files in a superior court requiring you to hire a lawyer. Based on your facts above the amount needed to cure the problems with the floor, you should get a written estimate of the cost form another flooring company, would be deducted from what you owe. The rest would be due to the seller.
He can place what is known as a workman's lien. It will hold up any action sale etc of your house. Take his A** to court first.
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