Disclosure

What is the name of your state? Utah

My husband and I sold a home about 11 months ago. We are now being taken to small claims court over items that the buyers feel that we did not disclose. (They had a home inspection as well as a final walk through)

Items they feel that we did not disclose: A brocken cabinet in the kitchen. A window seal crack. Ink stains in the cupboards. They claim that the front door is misaligned from the ground and also that there is/was flooding through this door because they found a water stain and also found some caulking around the door that they claimed "was our way" of covering it up. Sprinkler head and line damage.

Brocken cabinet/cracked window seal: We had/have no knowledge of these.
Front Door misalignment: We had/have no knowledge of this and besides they, their real estate agent and a their home inspector walked through that door several times and never noticed whatever it is they are claiming.
Flooding: We never experienced any flooding. There is however, a stain from a candle that was spilled a few years back that could look like water damage. The few days before we put the house up for sale we painted and caulked around the door to make the door look fresh and clean as suggested by our Real Estate Agent.
Sprinkler head/line damage. We agreed that perhaps there could have been some damage and sent them a check to cover this. They sent it back and said no they wanted us to pay for all of this stuff.

We have corresponded several times with these people explaining our side, but they have decided to take us to court.

Every one has told us just to go to court and that we will be fine.
Is this just a their word against ours ? I am fearful of going to court because I get extremely nervous in front of people. I am afraid that this will come across as that I have something to hide.
Nothing is worse then being accused of something that you did not do.
Any advice would be appreciated !!
Thanks

I am sure that their are people that have more knowledge of this here and they will give you the benefit of their experience. As I am just in the final stages of selling my home and went through some of this stuff let me tell what I know. Here in California hone inspectors concentrate on items concerning the house that are not up to current code and and health and safety items. I just had a certified home inspector paid for by the buyer go through my house and he checked EVERYTHING. He did this with the buyer present. Areas they concentrate on are heating/furnace,air conditioning,fireplace,plumbing,roof,condition of home exterior Iin my case stucco) drainage,foundation,electrical and working condition of appliances included in sale. Safety items such as smoke alarms and water heater braced to code are also included. Cosmetic issues such as condition of carpet,lino, paint job on walls etc are mainly items negotiable between buyer and seller as to are they are adequate or need repairing or replacing. Unless its a new house there is going to be wear and tear and stains etc which are part of life. If stuff like that does not come up on the inspection or the walkthrough you should not be on the hook for repairs. You are also not liable for things you were not aware of unless they can prove you intentionally covered them up. Most of the things you have mentioned are negligible or could have ocurred after they took possession. Maybe someone familiar with the laws in Indiana could shed some more light on this. I think these people are on a fishing expedition.

[HomeGuru]

[quote]Originally posted by jjb
[b]What is the name of your state? Utah

My husband and I sold a home about 11 months ago. We are now being taken to small claims court over items that the buyers feel that we did not disclose. (They had a home inspection as well as a final walk through)

Items they feel that we did not disclose: A brocken cabinet in the kitchen. A window seal crack. Ink stains in the cupboards. They claim that the front door is misaligned from the ground and also that there is/was flooding through this door because they found a water stain and also found some caulking around the door that they claimed "was our way" of covering it up. Sprinkler head and line damage.

Brocken cabinet/cracked window seal: We had/have no knowledge of these.
Front Door misalignment: We had/have no knowledge of this and besides they, their real estate agent and a their home inspector walked through that door several times and never noticed whatever it is they are claiming.
Flooding: We never experienced any flooding. There is however, a stain from a candle that was spilled a few years back that could look like water damage. The few days before we put the house up for sale we painted and caulked around the door to make the door look fresh and clean as suggested by our Real Estate Agent.
Sprinkler head/line damage. We agreed that perhaps there could have been some damage and sent them a check to cover this. They sent it back and said no they wanted us to pay for all of this stuff.

We have corresponded several times with these people explaining our side, but they have decided to take us to court.

Every one has told us just to go to court and that we will be fine.
Is this just a their word against ours ? I am fearful of going to court because I get extremely nervous in front of people. I am afraid that this will come across as that I have something to hide.
Nothing is worse then being accused of something that you did not do.
Any advice would be appreciated !!
Thanks

**A: you are partially guilty of improper disclosure as evidenced by the sprinkler head/piping item. If there were problem items that were not disclosed that you knew or should have known about, you would be at fault.
If you do not want to go to court, hire an attorney to negotiate on your behalf and settle before trial.

jjb is liable for minor items such as an ink stain or a cabinet door that no longer works properly? It seems like these are things that you should find and contest on your inspection.
Also isn't the burden of proof 11 months later now on the buyer to prove that these things actually existed at the time of the sale as well? It seems like they could come back to the seller indefinitely and accuse them of covering things up.
It sounds like it was wise of my agent to have me spend $350 on a home warranty policy for the buyer so I do not have to deal with this kind of stuff down the road.

[HomeGuru]

[quote]Originally posted by rocknroll54
[b]I am sure that their are people that have more knowledge of this here and they will give you the benefit of their experience. As I am just in the final stages of selling my home and went through some of this stuff let me tell what I know. Here in California hone inspectors concentrate on items concerning the house that are not up to current code and and health and safety items.

**A: clarification; home inspectors do not inspect for building code violations. [url]www.ashi.com[/url]
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I just had a certified home inspector paid for by the buyer go through my house and he checked EVERYTHING. He did this with the buyer present. Areas they concentrate on are heating/furnace,air conditioning,fireplace,plumbing,roof,condition of home exterior Iin my case stucco) drainage,foundation,electrical and working condition of appliances included in sale. Safety items such as smoke alarms and water heater braced to code are also included. Cosmetic issues such as condition of carpet,lino, paint job on walls etc are mainly items negotiable between buyer and seller as to are they are adequate or need repairing or replacing. Unless its a new house there is going to be wear and tear and stains etc which are part of life.

**A: no comment.
***********

If stuff like that does not come up on the inspection or the walkthrough you should not be on the hook for repairs. You are also not liable for things you were not aware of unless they can prove you intentionally covered them up.

**A: not true. A Seller may be help liable for things that they did not know about but should have known about.
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Most of the things you have mentioned are negligible or could have ocurred after they took possession. Maybe someone familiar with the laws in Indiana could shed some more light on this. I think these people are on a fishing expedition.

**A: I agree that the Buyers may be asking for more than they bargained for but if the Seller's did not disclose certain items that were there, the Buyer could have claims.

If you didn't misrepresent the condition of these items, filled out the disclosure from honestly, I think you should fight them. the items you listed all sound very minor to me and it sounds more to me like these folks don't understand that part of home ownership is having to deal with minor breaks and other irritations. I think the fact that they are coming back 11 months later says a lot. The burden is on them to prove the defect, and that you knew about it. Make them prove it. You have their home inspection report noting the lack of problems. Find your copy and use it.

Like the other posters said, I'd at least spend the extra dough to have a real estate atty. who specializes in disclosure law represent you. BTW - do they have a lawyer?

As for you're being nervous it court, keep in mind that this is normal and that any judge you are assigned has seen this kind of reaction hundreds of times. If you start acting nervous, you can always admit you're nervous, you've never been sued before, and probably come out looking more sympathetic.

I gotta tell you HomeGuru phrases like "sellers may be held liable for things they didn't know about but should have known about" worry me. I guess thats what lawyers are for.
Also what I meant by the code violations(maybe the wrong term) were for instance smoke alarms and the water heater. My house was built in 1993 and a residential water heater at the time had to be single braced to the structure in new home construction. I had to pay to have it double braced in order to sell it now because that is the current requirement in new home construction. You also have to have working smoke alarms in every bedroom and living area
(which I do). I also had to sign a statement stating that there were no mold problems that I am aware of. I wonder what happens if they find some down the road.

[HomeGuru]

[quote]Originally posted by rocknroll54
[b]I gotta tell you HomeGuru phrases like "sellers may be held liable for things they didn't know about but should have known about" worry me. I guess thats what lawyers are for.

**A: you should be worried. In fact most of the cases that were adjudicated and used as case law with respect to disclosure were based on cases in your state of CA.
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Also what I meant by the code violations(maybe the wrong term) were for instance smoke alarms and the water heater. My house was built in 1993 and a residential water heater at the time had to be single braced to the structure in new home construction. I had to pay to have it double braced in order to sell it now because that is the current requirement in new home construction. You also have to have working smoke alarms in every bedroom and living area
(which I do). I also had to sign a statement stating that there were no mold problems that I am aware of. I wonder what happens if they find some down the road.

**A: thanks for your story.