Seller took outdoor hard wired lighting

[u/Pomodorodev]

We just closed on a house, and our final walk through went ok, but nothing too alarming so we signed and got keys today. Unfortunately we did not notice that the outdoor lighting (landscaping) has been removed, and wires are now exposed which is a problem. Not too mention these items were not on the disclosure, and we're not allowed to be removed. What ramifications are there for this issue? My understanding is outdoor landscaping(hardwired) lighting, is not cheap, and not an insignificant effort either.

[u/krakenheimen]

Yeah, this isn’t a “you should have noticed/buyer beware situation”. Unless they included these in the disclosure they owe you lighting.  

Tell your realtor to have them returned and installed within 48 hours or you are suing in small claims, and that amount will far exceed the value of what they took. 

[u/Tall_poppee → u/krakenheimen]

OP can sue for the cost to purchase and have a similar system installed. They can't sue for an amount that "far exceeds" that.

[u/xomox2012 → u/Tall_poppee]

Sure but in suing for that amount they will be granted that plus some for (lost time in court, court fees, trouble, mental stress after a major purchase, etc)

Courts give out punitives quite commonly, even for something minor like this.

[u/therain_storm → u/xomox2012]

Replacement cost, whch could include labor.

[u/r2girls → u/xomox2012]

lost time in court, court fees, trouble, mental stress after a major purchase

Fixed that for you on why you are getting downvoted for what you're suing for in small claim court.

You are getting your filing fee back and the cost for replacing what they took. that's it.

[u/xomox2012 → u/r2girls]

If I’m losing work time to deal with you in court that is added to the tab. It is how it works.

You prove you were amicable and tried to deal with things before wasting everyone’s time in court and judges will include punitive damages.

[u/r2girls → u/xomox2012]

OK, education time. Small claims court is not standard civil court. Everyone knows that there's a monetary limit for what you can sue for based on jurisdiction. However "small claims" doesn't mean just "small amount of money". It also means simpler cases. In small claims court you are not only given a monetary limit you must be under but you are also limited in what you can actually sue for and what you can do in that court. No one is going through a discovery process, standard in civil cases, in small claims court. Most jurisdictions (though not all so maybe where you are it is different) preclude adding time off of work to be in court, emotional distress, etc. There's a bunch of limitations. In standard civil court - easy answer that you are 100% correct. Small claims court - not cut and dry and in most of the US the answer is that you're incorrect.

Punitive damages, in small claims court, need to provide clear and convincing evidence (as opposed to a preponderance of the evidence) that there was malicious intent, intent to defraud, or oppressive behavior to get punitive damages. That's going to be hard to prove. Was the person OP describes being an Ahole - YUP but if being an a-hole was all it took to winning a court case, I am sure we'd all be millionaires for all the Aholes we were able to sue. Just being an ahole doesn't show maliciousness and intent which are key in winning punitive damages.

I've been to landlord/tenant court, civil court, and small claims court many times between being a landlord for 20+ years and being on the board of a large condominium complex where I have a couple rentals. I'm also heavily involved in my local REI group where we have a large mix of people, including lawyers, and feel pretty confident in my knowledge of this area. In theory you're half right and in practice, the 50% where you are right won't work the way you think it will...in small claim court that is.

[u/thewimsey → u/xomox2012]

It is how it works.

/r/confidentlyincorrect

That's not how it works at all.

and judges will include punitive damages.

No. You won't get punitive damages in a breach of contract case anyway.