My wife and I placed an offer on a property subject to the electrical fixtures all being in good working order with the proviso that if they weren't, then the amount to repair the deficit would be deducted from the property settlement amount.
At the time of the final inspection a number of items were identified but because of problems with the vendor getting an electrician in time. Most but not all were able to be rectified prior to settlement. To allow settlement to proceed, a sum of $2000 was retained in trust to cover the final expenses.
The point of contention relates to two light fixtures on the front wall. These appeared to be functional, were not disclosed as non-functional on the signed sale contract and were not disputed on the initial list of work to be done.
The vendor is now saying that they were never physically wired back to the house and that they shouldn't be required to make them operational. The money remains in trust until an agreement takes place but this seems unlikely at this time.
I don't really see the point in retaining expert property law or contract law lawyers over such an amount, but what I'm wondering is whether this is something I can pursue as a small claim in the Magistrate's court? I've read their information sheets but it's a bit unclear about whether this fits the description for debt or damages or whether as a contract dispute it would require lawyers and a more formal proceeding. Is anyone able to clarify this for me?
Thanks.
At the time of the final inspection a number of items were identified but because of problems with the vendor getting an electrician in time. Most but not all were able to be rectified prior to settlement. To allow settlement to proceed, a sum of $2000 was retained in trust to cover the final expenses.
The point of contention relates to two light fixtures on the front wall. These appeared to be functional, were not disclosed as non-functional on the signed sale contract and were not disputed on the initial list of work to be done.
The vendor is now saying that they were never physically wired back to the house and that they shouldn't be required to make them operational. The money remains in trust until an agreement takes place but this seems unlikely at this time.
I don't really see the point in retaining expert property law or contract law lawyers over such an amount, but what I'm wondering is whether this is something I can pursue as a small claim in the Magistrate's court? I've read their information sheets but it's a bit unclear about whether this fits the description for debt or damages or whether as a contract dispute it would require lawyers and a more formal proceeding. Is anyone able to clarify this for me?
Thanks.