Months after sale, buyer looking for compensation for fixes

[houseguy]

What is the name of your state?What is the name of your state? Georgia

Sold a house 6 months ago, now I receive notification that the buyer has found problems with the HVAC and electrical systems as well as a leak in the roof, and requests compensation for fixes needed. When this house was inspected, there was no word of any problems with the electrical and HVAC systems, and no word of roof leaks. The buyer and I negotiated a repair allowance as well. I never lived in the house, so I have no idea if the problems existed prior to the sale. How do I approach this from a legal standpoint? Seems to me the inspector should have some liability here.

[seniorjudge]

Originally Posted by houseguy

What is the name of your state?What is the name of your state? Georgia

Sold a house 6 months ago, now I receive notification that the buyer has found problems with the HVAC and electrical systems as well as a leak in the roof, and requests compensation for fixes needed. When this house was inspected, there was no word of any problems with the electrical and HVAC systems, and no word of roof leaks. The buyer and I negotiated a repair allowance as well. I never lived in the house, so I have no idea if the problems existed prior to the sale. How do I approach this from a legal standpoint? Seems to me the inspector should have some liability here.

Tell the buyers (in writing) that unless they have proof that this happened BEFORE you sold it AND that you KNEW of this stuff before you sold it, then they can just bite rocks.

[HomeGuru]

and tell them they need to be talking to their hired home inspector.

[houseguy]

Buyer stepping up a notch -- buyer (thru lawyer) is requesting repairs be done immediately or the buyer will take legal action. The buyer is also requesting a re-inspection be done at my expense. Huh? Now I have to pay for legal counsel...

[PghREA]

Originally Posted by houseguy

Buyer stepping up a notch -- buyer (thru lawyer) is requesting repairs be done immediately or the buyer will take legal action. The buyer is also requesting a re-inspection be done at my expense. Huh? Now I have to pay for legal counsel...

The buyer had a home inspection and negotiated some repair costs with you and I assume he signed off on the inspection contingency. You should ask for a copy of the home inspection so you can see what the inspector had to say. The buyer is the one with the problem, let him pay for another home inspection or get his first inspector back. I agree with the Judge and HomeGuru on this one.

[HomeGuru]

Originally Posted by houseguy

Buyer stepping up a notch -- buyer (thru lawyer) is requesting repairs be done immediately or the buyer will take legal action. The buyer is also requesting a re-inspection be done at my expense. Huh? Now I have to pay for legal counsel...

**A: hire an attorney to tell the Seller what I said to you in my previous post.

[SeriouslyPissed]

An inspection is done for that pure reason, to inspect the property to advise the buyer of potential problems. As far as I can tell from this situation, your buyer needs to take this up with their inspector. Bottom line. The inspection releases you of any liability on the property ESPECIALLY after 6 months. Fight it. good luck

[HomeGuru]

[quote=SeriouslyPissed]An inspection is done for that pure reason, to inspect the property to advise the buyer of potential problems. As far as I can tell from this situation, your buyer needs to take this up with their inspector. Bottom line.


**A: ok.

*****
The inspection releases you of any liability on the property ESPECIALLY after 6 months.

**A: that statement is simply not true.

[houseguy]

OK did the attorney thing, my attorney and buyer's attorney talked/wrote, now it's 4 months later without any further discussion and now I receive a letter stating the buyer wants a contract rescission. The only reason given is the house is in bad shape, no specifics as we asked for months ago. Never mind the property has since been altered, lived in, and let's say not as clean on the outside -- for about a year now. Does the buyer have any case whatsoever?

[nextwife]

Gee, when will people get it straight that RE purchases are NOT like buying a set of encyclopedias! You don't just get to try it out for a while, and then give it back if you don't want it anymore!

If you had the proper and truthful disclosures that you had no knowledge about condition and that you were not warranting any mechanical/structural aspects of the house, they have no case. HVAC is NOT a necessity, many homes don't have built in vac systems. If they were not prepared for potential unknowns, they should have sought out a new or lived-in-by-seller home in which they could be more likely to have advance knowledge of known issues. I bought my place, for example, from an Alzheimer patient's trust - when you buy like that you knowingly assume risks of repair issues. I truly think some people don't GET that they can't just "call the landlord" anymore once they buy and expect someone else to take care of everything.

[tryingtoplease]

Originally Posted by nextwife

Gee, when will people get it straight that RE purchases are NOT like buying a set of encyclopedias! You don't just get to try it out for a while, and then give it back if you don't want it anymore!

If you had the proper and truthful disclosures that you had no knowledge about condition and that you were not warranting any mechanical/structural aspects of the house, they have no case. HVAC is NOT a necessity, many homes don't have built in vac systems. If they were not prepared for potential unknowns, they should have sought out a new or lived-in-by-seller home in which they could be more likely to have advance knowledge of known issues. I bought my place, for example, from an Alzheimer patient's trust - when you buy like that you knowingly assume risks of repair issues. I truly think some people don't GET that they can't just "call the landlord" anymore once they buy and expect someone else to take care of everything.

Uhhmm, nextwife, HVAC=Heating, Ventilation & Air Conditioning, having to do with the forced air unit, supply & return ducting that distribute heat to different areas of the house. Just thought I should clear that up.

[houseguy]

Well after dealing with buyer's prior attorney through my attorney, buyer has decided to hire another attorney, again asking for contract rescission AND punitive damages. My attorney is confident the buyer has no case, but my question is what legal mechanism can I use to force the buyer to no longer send attorneys on me? If one attorney won't pursue on buyer's behalf, the buyer gets to hire another one? How long can this go on? Any basis for countersuits, although I'm tired of shelling out money to go through this each time. This has been going on for well over a year now.

[Ohiogal]

It can go on for as long as the SOL allows it to go on. Or until it is taken to court, settled, or dismissed with prejudice.