What is the name of your state? Nevada
Issue under review occurring in California.
A few issues have occurred with the sale of our home. In the process of selling the house the buyer brought their own inspector to inspect the house. I have documents stating that the home was inspected and had a few minor problems, however the buyer agreed to buy the house AS IS. The asking price for the house was $899,000. The buyer offered $960,000, however they requested to be reimbursed through the escrow for $60,000. We told them that we would agree as long as their was a legal way of doing it. The bank allowed us to proceed with reimbursement of $56,000. The buyers agreed on that and we closed escrow.
After escrow closed the buyers demanded us to pay them another $4,000 dollars (They wanted the difference that the bank allowed and what they originally wanted). At that point, I told them that if there is a legal way we would be more than happy to look into it. There wasn't and we did not pay them.
A few months later, we got a claim stating that the sewage was clogged with rags which. The wanted us to reimburse them $40,000 for damages that accrued. Our terms and agreement in the contract forced us to go through mitigation. In the end we did not pay anything other than lawyer and mitigation fees that amounted to $6,000.
Note on the plumbing: We lived in the house with 7 people up to 2 weeks before escrow closed and never experienced any problems with the sewer. The inspector noticed no problems with the sewers.
I would also like to add that since the house was sold to the buyers they did not pay any of the mortgage or fees that they needed to pay. The house is currently in foreclosure and they do not reside in their anymore. Also, the family that bought the house is a mother and daughter, the son is the broker, and the husband is the loan officer.
The buyer is taking me to small claims court under the issue that the sewage system is faulty. They are suing us for $6,430.93 for plumbing, landscaping, pool pump, insurance deduction, and wallpaper.
Note on the pool pump: The inspector discovered the problem and was written in the inspectors report. They accepted it the way it was.
They claim that I should have knowledge of all the problems listed above and I should have listed them on the declaration.
I am trying to find out the easiest way to get out of this. These are my thoughts:
-I was thinking that they could not sue me because I currently reside in a different state.
-They do not reside in the house anymore, therefore they cannot sue us on anything related to the house.
-They had their own inspector and they agreed to buy the house AS IS.
-They took 100% mortgage on the house, they never paid a penny on the house, and they received money back on the purchase of the house. Seems like they are trying to maximize as much money as they can for their benefit.
Let me know what you think and any other information would be helpful.
Issue under review occurring in California.
A few issues have occurred with the sale of our home. In the process of selling the house the buyer brought their own inspector to inspect the house. I have documents stating that the home was inspected and had a few minor problems, however the buyer agreed to buy the house AS IS. The asking price for the house was $899,000. The buyer offered $960,000, however they requested to be reimbursed through the escrow for $60,000. We told them that we would agree as long as their was a legal way of doing it. The bank allowed us to proceed with reimbursement of $56,000. The buyers agreed on that and we closed escrow.
After escrow closed the buyers demanded us to pay them another $4,000 dollars (They wanted the difference that the bank allowed and what they originally wanted). At that point, I told them that if there is a legal way we would be more than happy to look into it. There wasn't and we did not pay them.
A few months later, we got a claim stating that the sewage was clogged with rags which. The wanted us to reimburse them $40,000 for damages that accrued. Our terms and agreement in the contract forced us to go through mitigation. In the end we did not pay anything other than lawyer and mitigation fees that amounted to $6,000.
Note on the plumbing: We lived in the house with 7 people up to 2 weeks before escrow closed and never experienced any problems with the sewer. The inspector noticed no problems with the sewers.
I would also like to add that since the house was sold to the buyers they did not pay any of the mortgage or fees that they needed to pay. The house is currently in foreclosure and they do not reside in their anymore. Also, the family that bought the house is a mother and daughter, the son is the broker, and the husband is the loan officer.
The buyer is taking me to small claims court under the issue that the sewage system is faulty. They are suing us for $6,430.93 for plumbing, landscaping, pool pump, insurance deduction, and wallpaper.
Note on the pool pump: The inspector discovered the problem and was written in the inspectors report. They accepted it the way it was.
They claim that I should have knowledge of all the problems listed above and I should have listed them on the declaration.
I am trying to find out the easiest way to get out of this. These are my thoughts:
-I was thinking that they could not sue me because I currently reside in a different state.
-They do not reside in the house anymore, therefore they cannot sue us on anything related to the house.
-They had their own inspector and they agreed to buy the house AS IS.
-They took 100% mortgage on the house, they never paid a penny on the house, and they received money back on the purchase of the house. Seems like they are trying to maximize as much money as they can for their benefit.
Let me know what you think and any other information would be helpful.
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