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Old 09-25-2003, 11:50 PM
wasnotaware
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Issue after home sale


What is the name of your state? Ohio

Sold house 3 months ago. 1 month ago received a certified letter from buyer suing for a broken underground sprinkler system. When the house was put on the market in January we were unaware there was a problem. At the end of the season last year sprinkler system was flushed by a professional and not used again by us. The buyer was aware of the system but did not have the inspector look at it. We did not use the system this year. The buyer feels we should have checked it once the weather broke in April/May. We took care of everything the buyer asked of us and purchased a home warranty for them. Unfortunately the sprinkler system was not covered. They are asking us to pay for the repair work of the sprinkler system. We feel since the buyer did not have the inspector look into it and we were unaware because the last time we used it it was in working condition we should not have to pay for the repairs. We have hired an attorney to file a motion to dismiss. Which way could this go?
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Old 09-26-2003, 11:36 AM
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Location: Catatonic State
Posts: 75,781

Re: Issue after home sale


Quote:
Originally posted by wasnotaware
What is the name of your state? Ohio

Sold house 3 months ago. 1 month ago received a certified letter from buyer suing for a broken underground sprinkler system. When the house was put on the market in January we were unaware there was a problem. At the end of the season last year sprinkler system was flushed by a professional and not used again by us. The buyer was aware of the system but did not have the inspector look at it. We did not use the system this year. The buyer feels we should have checked it once the weather broke in April/May. We took care of everything the buyer asked of us and purchased a home warranty for them. Unfortunately the sprinkler system was not covered. They are asking us to pay for the repair work of the sprinkler system. We feel since the buyer did not have the inspector look into it and we were unaware because the last time we used it it was in working condition we should not have to pay for the repairs. We have hired an attorney to file a motion to dismiss. Which way could this go?
**A: exactly was written in the seller disclosure statement about the sprinker system. Was there a meeting of the minds? Does the sprinkler sysytem have an automatic timer?
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