How can I hold our seller responsible for replacing carpeting?

UPDATED: Sep 30, 2022

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How can I hold our seller responsible for replacing carpeting?

It was in our contract that the carpet
and padding be replaced because of pet
orders thru out the main floor. The
seller agreed. Within the 3 weeks it
was supposedly replaced and us taking
possession the same problem occurred.
Her pets have ruined the new carpeting.
We have had it professionally cleaned
twice with NO relief. We have pictures
of all the stains and want to know if
we can hold her responsible to replace
it again? We’re not convinced that she
had it done the first time now because
we were never shown receipts.

Asked on January 18, 2017 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Based on what you write, you should be able to recover the cost to replace the carpet (though you'd have to sue, if they don't voluntarily pay):
1) If you sue them and they can't prove they replaced the carpet, they are in breach of contract; 
2) If they did replace it, then they damaged the property after having agreed to turn it over to you with new carpeting, and are liable for the damage--home sellers are responsible when they change the condition of the home for the worse pre-closing or pre-possession by the buyer (in the event that you close first, then move in).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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