Claim for unreimbursed survey costs

[midsouthps]

What is the name of your state? Tennessee

A few months ago, I entered into a contract to purchase some land. The contract stipulated that the buyer (me) would pay for a survey and the Seller would reimburse for half the cost at closing. The contract further stated that if the sale did not close for any reason, the seller would reimburse the buyer the full amount of the survey cost. Short version: problems were found and title insurance could not be obtained. Thus, the sale did not close.

I have requested, verbally and via email, the $4,000.00 I paid for the survey from the seller. The seller has acknowledged that he owes me this money but says he doesn't have it to pay me. What legal steps do I need to follow? Do I need to first send a certified letter? If so, what critical points should it contain? Can I file a claim myself? If so, how? If it is too complicated, how much should I expect to pay a competent attorney to file the claim?

Would a better approach be to have the seller sign a promissory note since he does not deny he owes the money?

Thank you for taking the time to review this. I appreciate any information.

 

[CraigFL]

I would request payment, in writing, by certified mail with a return receipt giving him 30 days. If he doesn't pay, which it sounds like he won't, then sue him. You'll probably win a default judgement with a piece of court paper that says now he "officially" owes you the money.

 

[seniorjudge]

I would request payment, in writing, by certified mail with a return receipt giving him 30 days. If he doesn't pay, which it sounds like he won't, then sue him. You'll probably win a default judgement with a piece of court paper that says now he "officially" owes you the money.

You can't eat judgments.

 

[JustAPal00]

If you do get a judgement, see if you can put a lien on the property. I think Tennessee allows you to charge 10% interest on the lien. He will never be able to sell or finance the property without settling your lien!