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  #1  
Old 10-19-2005, 12:03 AM
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Join Date: Aug 2005
Posts: 12

Dispute with Buyer


What is the name of your state? Maryland

I posted about this a couple of months ago, but my case has progressed a little since then.

The buyer of my house had a lawyer send me a threatening letter (threatening litigation) regarding my failure to disclose a supposed window problem that would cost $13,000 to repair. I never experienced any window problems in this 6 year old house and the buyer had an inspection on her behalf and had full access to all the windows. And, the buyer also preoccupied the house a few days before settlement.

I retained my own lawyer who informed her lawyer that I denied any liability and reminded her that she had the inspection and the preoccupation and that the sales and preoccupation contracts clearly state that the house is sold "as is" and that she could make "no further claims to the seller" after signing off on the sales contract and preoccupation agreement.

Now, the buyer wants to go through the Md Realtor's Assoc. mediation program (which is her right under the contract and SHOULD have been what she did initially instead of retaining a lawyer and threatening to sue me). But, there is nothing to mediate. I never had problems, my former neighbors (I contacted a few regarding this) never had window problems, and she did have an inspection.

What do I do now? This buyer is irrational and is driving me crazy. I am sure she will not give up when the mediation does not work in her favor.
  #2  
Old 10-19-2005, 11:17 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by madinmd
What is the name of your state? Maryland

I posted about this a couple of months ago, but my case has progressed a little since then.

The buyer of my house had a lawyer send me a threatening letter (threatening litigation) regarding my failure to disclose a supposed window problem that would cost $13,000 to repair. I never experienced any window problems in this 6 year old house and the buyer had an inspection on her behalf and had full access to all the windows. And, the buyer also preoccupied the house a few days before settlement.

I retained my own lawyer who informed her lawyer that I denied any liability and reminded her that she had the inspection and the preoccupation and that the sales and preoccupation contracts clearly state that the house is sold "as is" and that she could make "no further claims to the seller" after signing off on the sales contract and preoccupation agreement.

Now, the buyer wants to go through the Md Realtor's Assoc. mediation program (which is her right under the contract and SHOULD have been what she did initially instead of retaining a lawyer and threatening to sue me). But, there is nothing to mediate. I never had problems, my former neighbors (I contacted a few regarding this) never had window problems, and she did have an inspection.

What do I do now? This buyer is irrational and is driving me crazy. I am sure she will not give up when the mediation does not work in her favor.

**A: please post to your original thread so we have the complete history and responses thus far.
  #3  
Old 10-19-2005, 11:59 AM
Senior Member
 
Join Date: Aug 2005
Posts: 1,964
Based solely on this post alone tell the buyer she is to contact you through your Atty only or you will seek legal remedy.
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