"as is condition"

[timothyp]

We recently sold a FSBO home in Arkansas without a written disclosure statement. We mentioned that the hot tub had a leak but still worked. The buyers bought the home in "as is" condition without obtaining a formal home inspection. Now they have sent us a certified letter demanding we pay for the new hot tub they put in, saying we misrepresented the hot tub since it didn't work when they moved in. Do we have a legal obligation to reimburse? They have threatened legal action. Please help!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by timothyp:
We recently sold a FSBO home in Arkansas without a written disclosure statement. We mentioned that the hot tub had a leak but still worked. The buyers bought the home in "as is" condition without obtaining a formal home inspection. Now they have sent us a certified letter demanding we pay for the new hot tub they put in, saying we misrepresented the hot tub since it didn't work when they moved in. Do we have a legal obligation to reimburse? They have threatened legal action. Please help! <HR></BLOCKQUOTE>

What was the reason the home sold by FSBO? What was the reason why no written disclosure statement was given to the Buyers? Did you provide the hot tub leak but still worked disclosure to the Buyers in writing? Did you use the hot tub recently before closing and where did it leak? Did you and the Buyers conduct a preclosing inspection and did you operate the hot tub? Was the hot tub operated at any time to show the Buyers the leak and that the hot tub still worked? Was the hot tub there when you bought the home or did you have it installed? If you had it installed, did you get a permit, how many years ago was it installed and did a licensed plumbing contractor do the work? Did a licensed electrical contractor install the electrical wiring and hookup? When did you close and when did the Buyers inform you of the hot tub problem?
Is the hot tub outside or inside the home? How much are the Buyers asking to be remibursed for?

These are some questions to answer for now. More later.

 

[timothyp]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
What was the reason the home sold by FSBO? What was the reason why no written disclosure statement was given to the Buyers? Did you provide the hot tub leak but still worked disclosure to the Buyers in writing? Did you use the hot tub recently before closing and where did it leak? Did you and the Buyers conduct a preclosing inspection and did you operate the hot tub? Was the hot tub operated at any time to show the Buyers the leak and that the hot tub still worked? Was the hot tub there when you bought the home or did you have it installed? If you had it installed, did you get a permit, how many years ago was it installed and did a licensed plumbing contractor do the work? Did a licensed electrical contractor install the electrical wiring and hookup? When did you close and when did the Buyers inform you of the hot tub problem?
Is the hot tub outside or inside the home? How much are the Buyers asking to be remibursed for?

These are some questions to answer for now. More later.<HR></BLOCKQUOTE>

We sold FSBO because I changed jobs and had to move after just living in the house for 11 months. We wanted to avoid a 7% commision fee. We didn't give written disclosure secondary to the being our first time to sell a home and not knowing otherwise. There was no written disclosure for the hot tub. We did not operate the hot tub for the buyers. The son who was going to live in the house declined to even look inside the hot tub stating that he had a friend who worked on hot tubs and he wasn't concerned about it. It turns out the parents have obtained the mortgage for him and neither one of them looked inside the hot tub either. The hot tub was there when we bought the home. We last used it 5-6 months before closing in June. At that time we had a contractor come out who diagnosed the problem as being a leak underneath the tub in some of the piping. We declined to get it fixed at that time secondary to expenses (at least $1000 to just remove the tub to get to the piping). This was discussed with the sellers. They called us with the problem 2 weeks after closing. It is an outside hot tub and they want $2000.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by timothyp:
We sold FSBO because I changed jobs and had to move after just living in the house for 11 months. We wanted to avoid a 7% commision fee. We didn't give written disclosure secondary to the being our first time to sell a home and not knowing otherwise. There was no written disclosure for the hot tub. We did not operate the hot tub for the buyers. The son who was going to live in the house declined to even look inside the hot tub stating that he had a friend who worked on hot tubs and he wasn't concerned about it. It turns out the parents have obtained the mortgage for him and neither one of them looked inside the hot tub either. The hot tub was there when we bought the home. We last used it 5-6 months before closing in June. At that time we had a contractor come out who diagnosed the problem as being a leak underneath the tub in some of the piping. We declined to get it fixed at that time secondary to expenses (at least $1000 to just remove the tub to get to the piping). This was discussed with the sellers. They called us with the problem 2 weeks after closing. It is an outside hot tub and they want $2000.

<HR></BLOCKQUOTE>

HomeGuru mediation advice: you pay $1000 and they pay $1000.