Purchaser of house agreed to accept $125 (1/2 of repair estimate) in an email for floor repair for minor damage found on final inspection plus damage done after closing by their movers . Floor was refinished by flooring installer. Check was marked Full and Final Payment for floor repair. They cashed check weeks after work was done and they paid vendor. Two months later they are unhappy with floor repair and state they will sue me for what it costs to re sand and refinish entire floor about $750.
Does their cashing check marked "Full and Final Payment for floor repair from closing inspection" preclude them from suing or will it get a cased dismissed?
Writing something in the notes of a check and them cashing it does not constitute a contract, despite the myth that it does. Whatever you agreed on to pay the 125 is your contract. Anything you wrote on the check after that means nothing. And they do not have to modify their contract by accepting what is owed them, then making their contract worse for no "consideration" where they get something for giving up the right to sue. So it is the same as if you wrote nothing on the check, essentially.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
Unfortunately, I agree that writing "full and final payment" does not make such an assertion legally binding. It is not a contractual agreement and negotiating the check does not mean the case is fully resolved. However, some states may have laws that conclude otherwise so it is in your best interest to speak to a local lawyer. Good luck
The devil is in the details! Who chose the contractor? If they did, and they had it done while the home was in their possession, I do not see how you are responsible for work that was performed by a company you had no control over, and in a home you also had no control over. Your deal with them to pay half of an amount known at the time was your "contract" and it would seem that you fulfilled your obligations under the contract by tendering the payment. You should inquire as to their legal theory of how you would have breached your agreement.
Did you not have a real estate attorney for the closing? You should consult him or her for clarification as to the actual obligations you were responsible for. Best of luck to you!
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