Seller's Disclosure / Buyer want to Sue Me

Location: Texas
Sold my house in August 2000. The buyer paid for the inspection. I filled out the seller's disclosure and noted that nothing was wrong. I kept this house in great shape. During the inspection it was noted that several items needed repair:
A/C Breaker too big 50 amp should be 40 (was 50 12yrs.)
A/C ducts to be taped
Other small items.
I agreed to repair these items. Unfortunately my electrician never got around to it. Now she says 8 months later that I lied about other problems.
She states:
kitchen sink clogs (only once in 12 yrs for me) worked fine during and after inspection. The inspector ran it and the dishwasher for 45 minutes no clog.
Faulty wiring: 440 volts to ceiling fan (impossible)
220 volts to outlet in 2 rooms
She hired an electrician to replace the entire circuit breaker box. Then states she got shocked removing a child gard from one socket stating I put it there to protect my family. I did it to protect my newborn. Wants to sue me for approx 3000.00. I told her I would complete repairs noted and agreed upon in the inspection. She will not go for that. She also has beem caught in many lie's in her letter to her realtor. What should I do now.

[HomeGuru]

Pay the $3000 and have her sign a release of all claims and indemnification agreement.

[LegalBeagle]

Originally posted by HomeGuru
Pay the $3000 and have her sign a release of all claims and indemnification agreement.

I am curious oh mighty one, why should the seller pay this money? I know that legal costs could easily exceed 3k but would he not have a good defence?

Homeguru: Why do you so easily reply that I should just simply give into her demands. Afterall she was the one that decided to have a lot of extra work done, like the entire electrical panel. Am I not just bound to repair what we agreed upon in our contract. It is my opinion that she was taken for a ride by these contractors and feels I should pay. If she suddenly decides I lied and said the she thought the house was brown when it's really cedar shake (before having her sign a waiver) will I have to address that also. She has also had supposed fire marshalls declare the house a fire hazard(she's an EMT must be her friend). Doesn't this just sound like new home buyer blues? My new home has come up with problems since I moved in, should I sue the seller stating she lied on her disclosure?

[faithandhope]

Home Guru's advice is based upon the fact that this particular buyer is one best paid off, waiver signed and gotten rid of. In this case, she will not be happy and nothing you can do, short of paying her will satisfy. The mental and legal mess she could drag you out through would make the 3 thousand seem like nothing by the time she is through. On the other hand, just for grins, you could try writing her a letter, including a copy of the contract stating repairs that should have been made, and include a fair check with it to cover those items. You could also include a waiver stating that acceptance of this check releases you from further liability and see if she signs. Also inform her that she had repairs made before giving you ample and fair opportunity to reinspect and have your own bids made. She might see that point and just hold you to your agreed repairs. In not doing the original repairs promised, nor compensating monetarily for lack of, you have a breach of trust and she seems out for blood. So, long story short as Home Guru put it, just better to nip it.

[HomeGuru]

Thanks for all your interest. The reason for my quick settlement opinion is the fact that the writer was negligent in making sure that the electrical work that was agreed to be fixed was fixed. This was never done, therefore the Seller breached the contract AND more importantly did not disclose that to the Buyer that the work was not done. In addition, the Seller purposely exposed the unknowing Buyer to the electrical and fire hazards and code violations. Some of these conditions were in violation of the National Electrical Code. So not only did the Seller turn over the property with electrical violations but also violated statutes in the Seller Disclosure law. The Seler dislosure was faulty in that it stated that nothing was wrong, when that was not true. Need more? It could be proven that an unlicensed and or non-professional fooled around with some of the electrical.
If I were representing the Buyer, the Seller would need to spend between $5000-$10,000 for legal fees, court costs and expert fees to defend and just in defense of a $3000 claim. Of course when I add in my legal and expert fees and court costs, the Buyer would have a $15-$20K judgement which I would convert to a judgement lien and attach to all assets. Now doesn't the $3000 sound like a good deal? I could boost the fees even higher by starting heavy discovery and send out huge interrogatories and schedule depositions for the first 10 parties.
The fact that the Buyer may be a liar, crackpot etc. has no bearing on the issues and facts surrounding the case of negligence, fraud, non-disclosure of material facts, misrepresentation, breach of contract, unfair and deceptive practices, building code violations.....
Face it Seller, you just screwed up, so get out easy while you can.

[Edited by HomeGuru on 04-11-2001 at 12:19 PM]

[LegalBeagle]

Thank you oh wise one. I missed the line about the repair work not being done in the first place.

[HomeGuru]

No problemo LB. In 96.8% of seller disclosure cases, I represent Plaintiff Buyers against Sellers. Most of the cases settle before trial with the Buyers in a good bargaining position to prevail.