Do I have legitimate case and chance for winning?

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Do I have legitimate case and chance for winning?

I recently closed on a home purchase real estate in which there was improper and amateur electrical work done in the basement, which were found by our home inspector and brought to sellers attention. The sellers agree to fix it as part of the inspection findings and claimed to have addressed it, providing work receipts, etc. However, after closing, I had a electrician come in to do other work and had him also reviewed the work but found that most of it was not completed as sellers claimed. Do I have enough here for a case for small claims court and do I have a legitimate chance to win this case in court?

Asked on March 30, 2017 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you had the agreement in writing, you could sue for breach of contract for their failure to honor it. If the agreement was only oral, however, then you cannot: the terms of the written contract of sale will overrule any oral agreements, so that if the contract of sale did not include this agreement, it will be a void agreement and unenforceable. 
The above said, you may be able to sue based on fraud in any event: on the theory that the seller intentionally misrepresented, or lied about, what they would do to induce, or cause, you to go through with the transaction. This provides an alternate basis for suing.
If you either documentary proof of the agreement and/or are credible witnesses as to the promises made, and have an electrician whom you can call to testify about the wiring defects (unless you are yourselves electricians, you cannot testify as to the flaws since you lack the resquisite education, training, and/or experience; you need an electrician to testify in regards to the electical problems), you would seem to have a reasonable chance to prevail.


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