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Old 05-04-2009, 04:26 PM   #10
MickMcGeough
First Line Centre
 
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Join Date: Oct 2002
Location: Calgary
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Thanks for all the opinions and advice everyone! This place is great. I've spoken to my lawyer (and a couple others).

One believes that the seller's instructions to his realtor (that the floor would be repaired before close) indicate that his interpretation of the contract was the same as mine, that the floor movement/noise be eliminated, and that a judge would probably see that.

The other two say that as the contract is the only concrete, legally binding factor here, it's unlikely a judge would rule in my favor based on my unqualified assessment of the work done.

I plan to hire out the repair either way. All the lawyers I've spoken to agree that if a qualified carpenter successfully repairs the floor by performing the repair as originally requested in the offer to purchase contract, I'd have a very strong case in small claims court. Makes sense to me.

I plan to take that course of action and have a couple of questions about that.

1) I have a good friend who is an independent carpentry contractor. He's qualified and would of course give me a good rate. Would his assessment of the seller's work be worth less in court than a carpenter with whom I don't have a personal relationship?

2) Anything else I should know about using a carpenter as a witness in small claims court?

Thanks again everyone!
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