Can I sue a business for failing to get a job done correctly?

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Can I sue a business for failing to get a job done correctly?

I bought a home in NC while temporarily out of state. Since I was not in NC during escrow, my realtor agent served as a liaison for any matter of which someone was to be present at the home for sale home inspection, appraisal, etc. There were some repairs that needed to be done before I can receive my VA loan so a handy man was hired by the seller to make repairs. However, after closing, when I moved in, I realized that some repairs were not done currently. Now, the handy man that billed the sellers is making excuses to finish the job. It has now been 3 weeks and 2 phone calls. Can I sue?

Asked on November 16, 2018 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If, as your question implies, the seller hired the handyman and paid him, they you cannot sue: the handyman has no legal obligation to you if you were not his customer, and someone who does not hire a contractor has no right to sue for nonperformance. The seller, who paid for work which was not done, could sue if chooses to.


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