Originally Posted by jowills
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?