I purchased a home and after the contract for the sale was executed, the seller’s wife contacted me and asked me if I was interested in purchasing the new custom draperies that were on the windows. She told me that she wanted $1,700. I agreed and told her that I would pay her separately at settlement.

At settlement I gave her a separate check. When I got to my new home, I found that the custom draperies that were portrayed as “new” had holes in them. Also some of the window treatments were damaged from the three large dogs they had.

I called the realtor to tell them that I was stopping payment on the check since the curtains were not new and they had more than normal “wear and tear” on “new” custom draperies. There were holes in the valances and the other’s were damaged by the dogs nails or teeth.

This was excessive to charge so much for damaged goods and I stopped payment so that I did not have to try to get the money back from them.

We discussed the fact that we would pay a lesser amount for the damaged goods, or return the damaged goods to them, but the seller said no they wanted the full amount.

They are now suing me in small claims court in NJ. What legal standing do I have?

Fr_Chuck

I would take the curtains into court and show them the curtains.

Since everything was oral except your check, it will be merely thier word against yours.

If you can't take the physcial curtains, take a photo, ( if you took a photo and then threw them away.

If you don't have the curtains or the photos, merely go and tell the truth,

ScottGem

Good luck. Keep us posted.

jowills

The offer and acceptance was through email, so I have written documentation that the seller told me that the draperies were new.

Thanks for all the comments and info. I know that sometimes things don't go the way it should be, but I am praying that justice will prevail.

RickJ

Great! Take that with you; it should help make your case...even though I still think there may be an issue with the fact that you saw them before you agreed to purchase them.

We'll love to hear how it turns out; please be sure to let us know.

Good luck, jowills!!

Gina C

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What is wrong with people today that's horrible that someone would sell drapes custom ones at that and try to get away with it.....

EP9Montana

Waited all day to be called by the judge, now we're on first next court date.
The plaintiff, in an outburst in mediation, admitted the holes were made 5 five years ago by her dog. Not 2 as she initially told me. These holes were made by her dog. Guess the dog stood up on the sofa or something since the holes were in the valance. Her husband wanted to consider a negotiation, but she told him "don't agree to anything without me" and he said "my wife makes all the decisions". We offered $600 cash and she wouldn't even consider it.

ScottGem

When you first told us they were taking you to small claims court I had to wonder how bright these people were. It seemed like they really had no case. Frankly I wouldn't offer them anything but the return of the drapes. IMHO they owe YOU for the time and trobule you have gone thru.

Fr_Chuck

I am sorry you made an offer, don't, they should be paying you for your time and trouble.

They have no case, and I can't for the life of me understand why they think they do.

EP9Montana

Went to small claims, mediation and couldn't reach an agreement, she wanted all her money. Nothing less. Went before the judge and the judge decided that the contract was breached when the stop payment on the check was processed, therefore, there is now a judgement and the plaintiff gets the full amount.

The plaintiff lied. Both the husband and wife were allowed to walk all over the court, get in everyone's face and repeat questions over and over trying to get the answer he wanted.

Plaintiff had pictures of the drapes that didn't show holes, but the pictures didn't show the holes. Defense pictures showed holes.