How can I hold our seller responsible for replacing carpeting?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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).


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