 heat exchanger: buyer sueing: help
Nevada, I recently sold a home. The house was inspected twice during escrow by their chosen inspector, once on the 19th (with their realtor and friends present who signed of on the inspection). of december and again on the 8th of January. The first inspection noted only a leaky faucet, and the reinspection noted no defects. The heater and a/c were both tested at the inspections. I purchased a one year home warranty for them which was paid out of my pocket at escrow. They waived their walkthrough rights and the requested that their realtor do the walkthrough. The heat was working fine when I moved out on the 10th, Nevada law says I'm only liable to disclose problems I know about, if it was a problem before close of escrow I didn't know about it. Escrow closed the 11th filed at 8:30am. I had the gas turned off on the 11th. When the new owners moved in on the 11th they didn't request the gas to be turned back on until the 15th. When the gas company came out to turn on the gas they told the new owners that they suspected a crack in the heat exchanger and would not turn on the gas to the heater.
On the 22nd the buyers canceled the home warranty that I had bought and requested that the warranty company refund a check made out to the buyers! I didn't hear of any problem until the 23rd when my realtor called and frantically told me this whole story about the heater and said that the buyers cancelled the warranty & now want 2200.00 to fix the heat exchanger. We had signed agreements (buyer & seller). all through this including at close of escrow that stated the home warranty program was to be through "company A" . However they apparently found out that they would get a discount off there home inspection if the warranty program was through "company B". They threatened to sue him stating that they should have been able to choose the warranty company that I purchased for the one year home warranty. So he went down and paid out of his pocket for another warranty through "company B" on the 23rd.
Buyer made no attempt to repair the heater. Warranty "company A" says they are not liable for the repair because the buyers cancelled the policy and "company B" says they are not liable for the repair because the policy was not in place when the problem occured.
Now I hear tonight from my realtor that they are sueing me.
(note: I am unable to speak to the buyers personally, they don't speak English & I don't speak Spanish. So all communication is via realtors. Their realtor is bilingual. )
Please Help! | 
01-29-2002, 05:43 AM
Linear Mode
