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  #1  
Old 08-17-2005, 11:47 AM
Junior Member
 
Join Date: Aug 2005
Posts: 2

Help Please!


What state are you in? Ohio

Please help! My wife and I just sold our house. The buyers offered full price and bought the house "as-is". We were still occupying the home when the buyers came though.

Now, a few weeks after closing, the buyers are trying to sue us stating that we did not disclose water damage to the basement and were trying to conceal it with a large couch. Here is the kicker--the whole-house inspector did not catch anything when inspecting the house, and said he "did not move couches" so that is why he did not catch it. The owners also did a 24-hour walk-through inspection.

My wife and I bought the house from a relocation company, therefore nothing was ever disclosed to us about water damage. We never had any problems with water in the basement the entire time we lived there, and did not make any repairs to the basement walls. We were completely unaware of any water issues and the basement was never damp or wet--therefore we did not feel there was anything to disclose.

Do the buyers really have a leg to stand on? They are trying to sue for a large sum of money!! My wife and I are scared and cannot afford to pay this large sum. We feel the new owners are simply trying to gouge us for money to fix up the home.

Last edited by outlan; 08-17-2005 at 02:04 PM. Reason: Need Responses!
  #2  
Old 08-18-2005, 10:28 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by outlan
What state are you in? Ohio

Please help! My wife and I just sold our house. The buyers offered full price and bought the house "as-is". We were still occupying the home when the buyers came though.

Now, a few weeks after closing, the buyers are trying to sue us stating that we did not disclose water damage to the basement and were trying to conceal it with a large couch. Here is the kicker--the whole-house inspector did not catch anything when inspecting the house, and said he "did not move couches" so that is why he did not catch it. The owners also did a 24-hour walk-through inspection.

**A: the home inspector is correct. Home inspectors standards of practice do not require the moving of furniture etc.
**********

My wife and I bought the house from a relocation company, therefore nothing was ever disclosed to us about water damage. We never had any problems with water in the basement the entire time we lived there, and did not make any repairs to the basement walls. We were completely unaware of any water issues and the basement was never damp or wet--therefore we did not feel there was anything to disclose.

Do the buyers really have a leg to stand on?


**A: yes.
********
They are trying to sue for a large sum of money!! My wife and I are scared and cannot afford to pay this large sum. We feel the new owners are simply trying to gouge us for money to fix up the home.
**A: time to hire an attorney.
  #3  
Old 08-18-2005, 11:28 PM
Junior Member
 
Join Date: Jul 2005
Posts: 4
Can you explain why the buyers would have a case? If the home passed inspection and the sellers truly were not aware of the problem, I would think that they would be OK. However, I am clearly not an expert, which is why I am asking for some clarification.
  #4  
Old 08-18-2005, 11:32 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by jdnt04
Can you explain why the buyers would have a case? If the home passed inspection and the sellers truly were not aware of the problem, I would think that they would be OK. However, I am clearly not an expert, which is why I am asking for some clarification.

My response:

When Harry S. Truman was President, he had a little sign, a "saying" if you will, on his desk. Do you know what it said?

The same holds true for home sellers.

IAAL
  #5  
Old 08-25-2005, 12:30 PM
Junior Member
 
Join Date: Aug 2005
Posts: 2

OK--Tell Me


Quote:
Originally Posted by I AM ALWAYS LIABLE
My response:

When Harry S. Truman was President, he had a little sign, a "saying" if you will, on his desk. Do you know what it said?

The same holds true for home sellers.

IAAL
What was the saying? I also forgot to mention we have photos we took of where the couch was as well as the visible area on the wall where the inspector could have seen if there was water damage and did not catch it.
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