Michael T Millar Real Estate Attorney
Posted over 13 years ago.
You don't have to sign anything to have a contract.
If the iron company sues, the will likely sue both and let you two slog it out over who is responsible for the bill.
FWIW, the escrow agreement only required you to get a CO. Anything requested by the new owner above and beyond what was necessary to get the CO should be his responsibility.
Asker
Posted over 13 years ago.
Agreed. I realize that I don't want to be sued, so I will finalize my bill with the Iron Company and sue the new homeowner in small claims court. As I have commented to another responder to this question below, there is more to this case - however I have just focused on the handrails. I have also spent $500 additional on his stoop since he had specifics he forced me to follow. Again, this was a blatant example of coercion since he knowingly knew he had me by the cohones being in control of my escrow. Plus, his lawyer refused my lawyer's calls when I was trying to mediate this issue. Looks like I have no choice but to pursue him in small claims court, which, will all the responses I've received, seems like I may have a favorable outcome. Thanks!!!!!
Asker
Posted over 13 years ago.
I called the order in and paid the deposit, however, I did not sign any contract with the Iron Company but verbally told them to bill the remaining balance with the homeowner. My hunch is that the new homeowner will deny that agreement. I did not provide my new address or contact information with the Iron Company - and again, in numerous written correspondence, never agreed to pay more than $500 towards the iron. The homeowner chose the Iron Company. How can I be liable if I never signed any agreements with the Company?