Got my closing done in court … - Posted by Frank Chin
Posted by Frank Chin on March 10, 2006 at 09:13:48:
One of my closings wind up in court.
It started when the seller complained he didn’t receive credit for the “oil in the tank” at the closing. I was all ready to pay me the paltry $150.00 when the wife complained that he promised to fix the windows, he didn’t, and wouldn’t allow an offset. Attorney said the oil charge is allowed, but the windows is not, based on the way the contract is written.
So, I studied the contract, the closing docs in detail when he sued me in small claims. I arrived at court ready.
Judge wanted to know if we got attornies at the closing. We answered “yes”. Judge wanted to know if I owe him the oil, I said, “yes for $100.00”. Judge wanted to know why I’m not paying the $100.00. I said "because there were errors in the settlement where he owed me more than I owe him.
Judge said “show me”.
I said “first, the seller lived there over 10 days after closing and I got credit for $50.00 a day, not over $70.00 that I was entitled to. And, on top of which, I’m entitled to over 10 days!!”.
Judge said “I thought the contract allowed a fix amount per day of $50.00”. I said “no, its the prorated portion of interest, taxes, fuel, water, sewer etc. It adds up to over $70.00 but it was TOO MUCH work to figure out, so they came up with a $50.00 estimate.” I showed the judge my calculations.
Judge said “what’s all this about him owing you another week??”
I said “when I arrived six days after closing they were clearing out the closets”. The seller protestes “but my furniture was out”. Judge said “if your clothes are still there, you didn’t move out”.
Judge asked, “how about the next day?”
I said “he was moving some stuff still in the garage”.
Judge said “anything else besides him moving late”. I said “yeh, there’s a whole bunch more here that I wanted to go through”.
Judge finally EXPLODED, said “OK, I heard enough. My ruling is YOU DON’T COME TO COURT TO HAVE A JUDGE DO A CLOSING FOR YOU BECAUSE THEY CAN’T DO IT PROPERLY AT THE CLOSING”.
Ruling: I don’t owe the money. Judge looked at me and said “you proved you don’t owe the money, and I don’t have all night to do your closing here”!!
At which point, the audience laughed and clapped, as we were thrown out of the place.