• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sold my home, now being sued.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

spud7200

Junior Member
What is the name of your state? Idaho

Thanks for taking the time to read this, I'll try and be brief.

In Sept. of 2005 we sold our home. Prior to the sale the heat pump went out. I had the choice to repair the old one or spend an extra $600.00 to get a new one. I chose to get a new one as I didn't want any issues for the upcoming sale.

While in the process of closing the deal, we were informed by the buyer that they were NOT going to have a home inspection done. Even though it was not required, I paid for my own inspection to insure there were no surprises. The buyer made his final walkthrough, signed the disclosure forms which showed we had a broken heat pump and had replaced it with a new unit, and we closed the sale. We provided the buyer with all the warranty paperwork for the new heat pump.

Some time in the latter part of Nov. 2005 the buyer, through his realtor, demanded we pay for 1/2 of "repair" for the heat pump/AC unit (approx. 700.00).It was somewhat confusing as to what they were claiming, but it was something like something else broke down in the A/C system and they wanted us to pay half. I spoke to my realtor and we both agreed this was ridiculous. First, the heat pump was brand new under warranty. Second, my inspector and the heat pump installors said all systems were working fine when we sold the house. Third, they chose not to do an inspection and signed the forms where they agreed the repairs to the house were done to their satisfaction. They then closed on the house and took lawful ownership.

This buyer has now filed small claims actions against me and also wrote a slanderous letter to my employer.

What are your thoughts?
 


badapple40

Senior Member
Countersue them for libel per se, damaging you in your profession/work.

Move to dismiss their case under caveat emptor.

In any event, you may want to move this out of small claims. Some people call small claims rough justice. I've often found that it is no justice.
 
spud7200 said:
What is the name of your state? Idaho

Thanks for taking the time to read this, I'll try and be brief.

In Sept. of 2005 we sold our home. Prior to the sale the heat pump went out. I had the choice to repair the old one or spend an extra $600.00 to get a new one. I chose to get a new one as I didn't want any issues for the upcoming sale.

While in the process of closing the deal, we were informed by the buyer that they were NOT going to have a home inspection done. Even though it was not required, I paid for my own inspection to insure there were no surprises. The buyer made his final walkthrough, signed the disclosure forms which showed we had a broken heat pump and had replaced it with a new unit, and we closed the sale. We provided the buyer with all the warranty paperwork for the new heat pump.

Some time in the latter part of Nov. 2005 the buyer, through his realtor, demanded we pay for 1/2 of "repair" for the heat pump/AC unit (approx. 700.00).It was somewhat confusing as to what they were claiming, but it was something like something else broke down in the A/C system and they wanted us to pay half. I spoke to my realtor and we both agreed this was ridiculous. First, the heat pump was brand new under warranty. Second, my inspector and the heat pump installors said all systems were working fine when we sold the house. Third, they chose not to do an inspection and signed the forms where they agreed the repairs to the house were done to their satisfaction. They then closed on the house and took lawful ownership.

This buyer has now filed small claims actions against me and also wrote a slanderous letter to my employer.

What are your thoughts?
Do those two magical words "As Is" appear in the closing documents?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top