Please help me, SeniorJudge!

[bmwr]

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

Virginia Disclosure problem

DEAR SENIOR JUDGE -
You seem to have a good background in real estate disclosure matters. I hope you can help me!
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PLEASE HELP! I have only two days before my defense claim is due!

In Dec '03, our neighborhood's private water system was purchased by our city. The old water company sent out a letter telling residents of the purchase in Jan. '04. In Feb. '04, we got a second letter from the city telling us of the purchase and advising us of "possible" connection fees; and that a public meeting would be held to discuss matter. A week later, we received a letter from our civic league saying a group of homeowners were going to fight any connection fees.

Due to personal matters (the then-recent death of our son), we did not get politically involved and took a wait-and-see attitude. (Under the circumstances, we could have cared less.)

NOTHING ELSE - NO OTHER LETTERS OR DOCUMENTS were sent to us or our neighbors. After a few months, we completely forgot about the issue.

In Aug. '04, my husband got a new job in another state; we put our house on the market and sold it immediately (great house; great price; great location; hot, hot market). We bent over backwards to help the new owners get into the house two weeks before our own closing (we lived in a motel) and even purchased them a home warrenty.

TWO WEEKS after we were in our new home (about a month AFTER our closing on the old house), we received a FORWARDED letter from our old city stating that THIS IS YOUR OFFICIAL NOTICE that the connection fees are owed. The letter gave owners 6 months to pay the $1,060 fee in increments.

I immediately called the given phone number of public utilities and told them our situation and asked who owed the $$. The secretary said since we closed BEFORE the OFFICIAL NOTICE went out, the new owner must pay. I then gave her our new address for further info; and also the name of the new owner of our old house. I asked her who should notify the new owner, and she said public utilities would do so. I considered the matter closed.

Evidently, there was a screw-up at the public utilities dept. and the owner now claims he did not get notice of this connection fee until MAY, when the city sent him a disconnection notice.

NOW, he is suing us for the $1,060. His writ of complaint reads that he is suing us for "money owed public utilities that was not disclosed at the time of closing."

I have copies of the Jan. letter from our old water company about the sale (no connection fees mentioned) AND the Nov. 1 OFFICIAL NOTICE;
Since I don't have copies of the other two letters, I got a notarized letter from another neighbor who remembers the same sequence of events as we do (neither of us have copies of those original letters from the city mentioning possible fees or the civic league letter).

I've tried to get a notarized statement from the head of public utilities saying we did not owe anything as of the date of our closing; plus asked for copies of that original letter from Jan. 04 .... but no cooperation. The guy was nice and said we did not owe any money prior to the OFFICIAL NOTICE, but doesn't want to get involved in a civil matter. (Can I use his statement, or is this hearsay?)

My question: can the new owner win?
My defense is simple - I did not KNOW of the connection fees until AFTER our closing and the arrival of this OFFICIAL NOTICE, so there was NOTHING TO DISCLOSE at our closing in Oct. '04.

My fear, however, is that we will be held liable for not being better citizens and keeping abreast of the situation. SHOULD we have known and disclosed potential or pending fees? How could we KNOW something we didn't KNOW?? Is this negligence?

Your verdict??? Do I need anything else for my case??? Can I supeana the head of public utilities without a lawyer? I feel I need him as a witness, but am not sure. What do you think?

HELP!

PS - If we had KNOWN of these fees prior to Oct. 26, we would simply have paid them at closing. This guy has been such a jerk, however (about other matters), that now we don't want to pay him a dime.

[PghREA]

You did know about the change in ownership of the water supply prior to closing. You knew that at some point in time this would effect the new owners of your property. I think the easiest, less stressful and cheapest thing to do at this point is to pay the $1,060.00 to the water company.
The fact that the Buyer has become a jerk on other matters has nothing to do with this problem.

[bmwr]

Hi! Thanks for your response.
The water company is very clear: we do NOT owe the money and never did. They are only billing those who owned after the official notice went out in November.

You are right about his being a jerk in other matters NOT being part of this case. It is just very difficult to pay that money when you've been nice, nice, nice and someone just keeps wanting more, more, more. We did that all through the closing, and then in another instance after closing. Now this. We just want the guy to go home and be happy and leave us alone.

[bmwr]

By the way, are you the same user as SeniorJudge?
Just wondering since I had particularly sent my original note to that user.

[PghREA]

Originally Posted by bmwr

Hi! Thanks for your response.
The water company is very clear: we do NOT owe the money and never did. They are only billing those who owned after the official notice went out in November.

****However, you knew about the change and did not disclose this information to the Buyers. That is what they will sue you for. In the long run, it will most likely be cheaper for you to just pay the $1,060.00 than to hire an attorney to defend your position. Statistically you have a 50% of losing, realistically - a 100%.

You are right about his being a jerk in other matters NOT being part of this case. It is just very difficult to pay that money when you've been nice, nice, nice and someone just keeps wanting more, more, more. We did that all through the closing, and then in another instance after closing. Now this. We just want the guy to go home and be happy and leave us alone.

No, I'm not Senior Judge. Neither he nor I have alters.

[to_nice]

What did your contract say reqarding special assessment?
What did the title company find when they searched title?
Did you use a Realtor?

The fact that there was a possiblitity of a sewer assessment should of been disclosed to buyer...