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Suing for repairs

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decamps1

Junior Member
California,

I will try to make this simple. Last year we sold our home. Prior to close an inspection was done and several minor repairs were noted and fixed by us. Another request from the buyer was that our pool equipment be inspected by a reputable company and that we repair anything that needs fixing. We did that as well. Unknown to us the owners moved into our house 4 days prior to the close of escrow. they opened us up to a potential lawsuit by doing so because it was still in our name, they had a cable guy on our roof and a toddler in the house with an uncovered pool. Fortunately nothing happened. By moving in early their was never a final walk through. 3 weeks after escrow closed they emailed us and said that the pool was leaking, the light didn't work and that it was going to cost 6,500 dollars in repairs. Of course we refused , but now a year later they are back again and asking for the 6,500 still or they will sue us. Do they have any ground to stand on. It is my understanding that homes in California are sold "as-is", and that by foregoing the walk through and waiting 3 weeks, and the fact that the inspector didn't note any problems with the pool, that they are out of luck. What do you think ?
Thanks for your help :mad:What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
You were extremely lucky that they didn't find anything in the four days the were in there before closing to extort things out of you at closing. This is the main reason why you NEVER let buyers occupy early.

You are correct. Provided you had the inspection/repairs on the pool done before the sale (and presumably that information was presented to the buyers at or before closing) and there wasn't any concealment of further pool issues, it is not your problem. Of course these people are going to be a potential nuisance, but get your documentation in order in case you end up in (probably small claims) court.
 

decamps1

Junior Member
Yes, we were very lucky, and we are also very angry that their realtor let them do this. We were not informed of the early move in, we found out from a neighbor after the fact. Had something gone wrong they could have pulled outof the escrow before close, and if their toddler had drowned in our pool or the cable guy had fallen off our roof, I believe we would have been liable. We are considering a countersuit against them for squatting, and for the rent we should have been paid for them living in there for those 4 days and against their realtor for doing that. Thanks for your feedback
 

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