Buyer Sold 1/00 and New Owner wants Repairs?

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San Antonio,TX How long after the sale of a home, do the new buyes have to come back, and say Repairs are not to CODE? The new buyers had an inspection, and we did the list and now they come back, and say that the repairs were not to Code. They want us to bring the house to CODE. Costing $$$ and they acepted the repairs. They did a walk thru and were Closed 6 months ago. Now they say the repairs were not done by licenced repair people? Are we responsible? Please help,,,,

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:
San Antonio,TX How long after the sale of a home, do the new buyes have to come back, and say Repairs are not to CODE? The new buyers had an inspection, and we did the list and now they come back, and say that the repairs were not to Code. They want us to bring the house to CODE. Costing $$$ and they acepted the repairs. They did a walk thru and were Closed 6 months ago. Now they say the repairs were not done by licenced repair people? Are we responsible? Please help,,,,<HR></BLOCKQUOTE>

The Buyers have several years to file a claim within the State statutes of limitations. If you the Seller failed to properly disclose that the conditions were not to code and completed by licensed contractors, when they should have been, you are at fault. Other factors may surface through discovery such as: were building permits required by code and obtained, were licensed contractors required by State law and contracted to perform the respective work, was the work completed in accordance with industry standards, building codes and manufacturers specifications, etc.
Even if the Buyers obtained a general home inspection, said inspection was not a code compliance inspection. www.ashi.com Notwithstanding, you as the Seller would have the requisite information and history that only a homeowner would know, and that the Buyer and home inspector would not have.

If the type of work that was completed required the contractor to be licensed, and you did not hire licensed contractors, you are liable. Your liability includes not following State law and not disclosing this information to the Buyer. Furthermore, if the unlicensed contractors did not complete the work according to the building codes, you are liable once again.

 

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Thank You for your help home Guru;
To help you understand more of the issue. I understand the buyers have years to come back to seller. What I don't understand is, we did everything to Close on the home? We had built this Pool shed, on a slab. The buyers knew we built it. It was just a covering and work area for pool equipment. We had the pool, and Spa Heater working when we closed. They had a home inspector give us a list of things to do. The Buyers, knew we(not contractors) were doing them. He said Vent the Heater,DONE, Then put drainage along side of shed. Done. Everything working and fine. We even bought Pool/Home Warranty. They only ask for house, we added Pool Spa. Disclosing anything we felt wrong. They had their Realtor, and Buyers walk thru house. Said GREAT, and we even had heater running, Spa HOT! Then we closed on house. 2 months later, they call and say the heater is not working, and we when they had a pool company come. He told them the gas heater could not be enclosed. Told them gas could blow up. They called our realtor. We had NO idea this was the case. They said move the pool heater. This is a 13 year old heater. Can it be moved? They had several estimates, and landscaps people give bids. We heard they are escavating Back Yard. We then said, wait a minute? Time out! Now where do we stand. 6 months later? Our hearts was to do the right thing. Makes you NEVER want to own again. HELP!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:
Thank You for your help home Guru;
To help you understand more of the issue. I understand the buyers have years to come back to seller. What I don't understand is, we did everything to Close on the home? We had built this Pool shed, on a slab. The buyers knew we built it. It was just a covering and work area for pool equipment. We had the pool, and Spa Heater working when we closed. They had a home inspector give us a list of things to do. The Buyers, knew we(not contractors) were doing them. He said Vent the Heater,DONE, Then put drainage along side of shed. Done. Everything working and fine. We even bought Pool/Home Warranty. They only ask for house, we added Pool Spa. Disclosing anything we felt wrong. They had their Realtor, and Buyers walk thru house. Said GREAT, and we even had heater running, Spa HOT! Then we closed on house. 2 months later, they call and say the heater is not working, and we when they had a pool company come. He told them the gas heater could not be enclosed. Told them gas could blow up. They called our realtor. We had NO idea this was the case. They said move the pool heater. This is a 13 year old heater. Can it be moved? They had several estimates, and landscaps people give bids. We heard they are escavating Back Yard. We then said, wait a minute? Time out! Now where do we stand. 6 months later? Our hearts was to do the right thing. Makes you NEVER want to own again. HELP!

<HR></BLOCKQUOTE>

Although you meant well in your hearts, please understand that the law does not waive your disclosure requirements as Seller and homeowner just because you thought you were doing the right thing. State property condition disclosure law requires that the Seller disclose to the Buyer material facts that may affect the buying decision of the Buyer. In addition, if a contractors license was required for any work you did on your own, and you did not hold the respective required license, you are at fault. It does not matter if the Buyer knew and accepted that you as the homeowner did the work that a licensed contractor was required to do. The performance of the work violated State Contractors' Licensing laws and the Buyers approval does not waive the State requirments.

You mentioned, "disclosing anything you felt wrong". The disclosure law is clear and the requirments were not written with the intent to only require the Seller to disclose anything that a Seller felt was wrong. The law states specifically what needs to be disclosed and thus does not leave disclosure up to the disgression of a Seller. Conditions you as the Seller feels must be disclosed may be different from what a Buyer feels must be disclosed. The understanding of what to disclose would be too subjective if left up to what the Seller feels should be disclosed rather then following the disclosure law requiring full and complete information.

The issue of the pool heater may be a good example if you installed it and/or built the enclosure on your own. A licensed pool/spa contractor would have known that a gas pool heater must have the required ventilation and therefore is not made to be enclosed. Therefore the existing location and enclosed condition of the heater constitutes several code violations. In addition, the heater apparently was not installed in accordance with manufacturers installation specifications and therefore considered defective. It could be established that you did not know the building, pool and gas codes/requirements because you are not an experienced and licensed pool contractor. The Buyer has a valid cause of action here because you as the Seller had a duty to disclose and a requirement to sell all appliances and fixtures of the home free of code violations. A gas heater can be moved and in your case must be moved.

 

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HOMEGRUE, In Reply to your last post. I think a Choice of WORDS here is needed. WE DISCLOSED EVERYTHING! We sold a AWESOME HOME! We believe the pool heater to stay or tear the shed down. The Tim the tool man shed, has no value, not build by Licenced Contractors. I think the main issue is here. BE CAREFUL of what you Write! It can be mislead.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:
HOMEGRUE, In Reply to your last post. I think a Choice of WORDS here is needed. WE DISCLOSED EVERYTHING! We sold a AWESOME HOME! We believe the pool heater to stay or tear the shed down. The Tim the tool man shed, has no value, not build by Licenced Contractors. I think the main issue is here. BE CAREFUL of what you Write! It can be mislead.<HR></BLOCKQUOTE>

HomeGuru here again. Please clarify your statement above. Is the word you in be careful what "you" write directed at the HomeGuru or used to warn the readers as in, if you sell your home, be careful of what you the Seller may write.