Sold my house - buyer wants $$ for repairs

[Darichard]

What is the name of your state? Oregon

I sold my house last month. The buyer had a home inspection and requested that I repair seveal items. I used licensed contractors for all the work that was done, and I provided the buyers with receipts. They had a second inspection done to verify the work, but that inspection occured AFTER we signed papers and closed on the house.

The inspector was not happy with one repair, and the owners are not happy with some other work that was done. They are now asking me to make the repairs to their satisfaction. I referred them back to the contractors I used, as all the work was done based on the buyer's inspection report.

What liability do I have to satisfy the new owners? Since I hired the contractors, do I have some responsibility to ensure that the work was done correctly? One item in question was some roof flashing. If it leaks, am I liable for any future damage?

Thanks,
David

"...What liability do I have to satisfy the new owners?..."

What did it say in the written contract about this situation? What did your real estate agent say about this? Are you saying that you closed knowing that the repairs were not made?

[Darichard]

Thanks for your reply. I'll try to clarify below.

What did it say in the written contract about this situation?

We had an addemdum to the contract that stipulated I would make some specific repairs called out in their home inspection report. I can post the language here if it will help.

What did your real estate agent say about this?

My realtor told me that if I used licensed contractors for the work, that I would incur no liability. (Of course it now appears that she's a weasel and an idiot.)

Are you saying that you closed knowing that the repairs were not made?

No, I am saying exactly the opposite. I made all the repairs in good faith. I hired licensed professionals and directed them to make the repairs called out in the buyer's home inspection report. I hired the best people I could find, not the cheapest. They did all the work in the timeframe we agreed to.

It was only after we closed that the buyers had a 2nd inspection done and raised some issues about the quality of the work. One contractor has gone back out at their request and feels his work is adequate.

So given this, do you think I have any liability for these repairs? If they had issues with the work that was done, should they not have raised these before closing? And if I do have some liability, what is the extent of this and when it will end? Am I on the hook indefinately?

Thanks,
David

"...(Of course it now appears that she's a weasel and an idiot.)..."

I believe I know him.

Anyway, if you did what you said you would do in the contract and then they closed, you are off the hook (unless you committed yourself to something new after the closing).

Didn't they sign something that said they were satisfied before closing?

[HomeGuru]

That's right. Where is the acceptance of the repair work to satisty that contingency? Escrow would not have closed without this.
Please explain what exactly was the repair work and why it was not acceptable to the Buyer.

[Darichard]

I'm looking through the closing docs, and I don't see anything specifically that says there accepted all the repairs, or that they accept the house as-is.

The repairs in question are the following:

1. There was some moss on the roof and I had it professionally cleaned. They are claiming to still see some moss on the roof.

2. I had some flashing work done on the roof. Their home inspector came back out (after closing) and said that one piece of flashing is not done correctly. He implied that it could cause significant future damage if not corrected. They called the contractor back out, and he feels the work is adequate.

Thanks,
David

[HomeGuru]

Originally Posted by Darichard

I'm looking through the closing docs, and I don't see anything specifically that says there accepted all the repairs, or that they accept the house as-is.

The repairs in question are the following:

1. There was some moss on the roof and I had it professionally cleaned. They are claiming to still see some moss on the roof.

**A: so is there still moss on the roof? If so, call the cleaning company back out to redo the job.
********

2. I had some flashing work done on the roof. Their home inspector came back out (after closing) and said that one piece of flashing is not done correctly. He implied that it could cause significant future damage if not corrected. They called the contractor back out, and he feels the work is adequate.

**A: then get a letter in writing from the roofing contractor on his/her letterhead with the license # etc. confirming the the flashing are in question meets building code and roofing industry standards. You did use a licensed and professional roofer right, rather than a general handyman type contractor?

Thanks,
David

**A: no problem.

[faithandhope]

The flashing issue is common and we see this paticular issue all the time. If the flashing is not installed properly it can have the opposite effect from which intended and the contractor may not understand this. Have the contractor call the inspector and he can explain how to install the flashing properly, we do that all the time as well. That is then a good faith effort on your part to rectify at least that item. Your agent does need to step in and help negate the other issues or she can be drawn into a lawsuit as well. Best of Luck.

[Darichard]

So here's my problem with that advice: it seems to me that if I get involved and start helping to resolve the issue between the contractor and the new owner, I'm essentially admitting that I have some responsibility.

I want to put myself in a position to assume as little responsibility going forward as possible, for this issue or any other issue that the homeowner has.

Given this, is it better for me legally to try and resolve the issue with the contractor, or to stay as far away from it as possible?

Thanks,
David

[HomeGuru]

Originally Posted by Darichard

So here's my problem with that advice: it seems to me that if I get involved and start helping to resolve the issue between the contractor and the new owner, I'm essentially admitting that I have some responsibility.

I want to put myself in a position to assume as little responsibility going forward as possible, for this issue or any other issue that the homeowner has.

Given this, is it better for me legally to try and resolve the issue with the contractor, or to stay as far away from it as possible?

Thanks,
David

**AL since you were the one that hired the contractor, you need to be involved.