Buyer asking for additional concessions after already closed

[Tim tim]

What is the name of your state? Michigan

I sold a house and after close the buyers are coming back asking for additional money to fix under carpet flooring and termite damage behind a wall. They had a inspection and a termite inspection and no active termites were found but only damage. The inspector noted the foundation was secure and prior to close they asked that I treat for termites and sister a rafter in the basement which I did and now they are threatening to sue. Do they have a case?

 

[Tim tim]

I sold a house and after close the buyers are coming back asking for additional money to fix under carpet flooring and termite damage behind a wall. They had a inspection and a termite inspection and no active termites were found but only damage. The inspector noted the foundation was secure and prior to close they asked that I treat for termites and sister a rafter in the basement which I did and now they are threatening to sue. Do they have a case?

 

[quincy]

I sold a house and after close the buyers are coming back asking for additional money to fix under carpet flooring and termite damage behind a wall. They had a inspection and a termite inspection and no active termites were found but only damage. The inspector noted the foundation was secure and prior to close they asked that I treat for termites and sister a rafter in the basement which I did and now they are threatening to sue. Do they have a case?

Do they have a case? Maybe. It depends on the specific terms of the sales agreement.

 

[Tim tim]

Do they have a case? Maybe. It depends on the specific terms of the sales agreement.

Such as?

 

[quincy]

Such as?

Such as, seller agrees to treat for termites and repair all existing termite damage.

 

[Tim tim]

Such as, seller agrees to treat for termites and repair all existing termite damage.

Okay thanks. After home inspection buyer asked for termite treatment and only to replace a rafter which I had done per the ammendum. After they moved in they say they found more old termite damage that they are threatening to sue me over which I knew nothing about and their fha inspector who was there for 4-5 hours did not recommend replacing.

 

[quincy]

Okay thanks. After home inspection buyer asked for termite treatment and only to replace a rafter which I had done per the ammendum. After they moved in they say they found more old termite damage that they are threatening to sue me over which I knew nothing about and their fha inspector who was there for 4-5 hours did not recommend replacing.

Okay. Well ... the bad news is that the new owners can sue you. The good news is that, apparently, you have their inspector’s report and there is nothing in your sales contract that commits you to repairing unknown/unseen termite damage.

You can fend off a lawsuit by offering to pay the buyers for the reasonable costs of replacing damaged flooring and behind-wall damage caused by termites ... or you can wait to be sued and defend against the suit with the knowledge that you are probably on pretty safe legal ground. You could not be expected to disclose damage of which you were unaware and which a home inspection did not find.

You can have a real estate attorney in your area look over the sales contract, inspection report and closing papers to give you a better picture of where you stand.

Good luck.

 

[Zigner]

As I've said elsewhere: It's easy to threaten to sue. Not quite so easy to actually sue.

 

[quincy]

As I've said elsewhere: It's easy to threaten to sue. Not quite so easy to actually sue.

Termite damage is tricky because it is often hidden well. A purchaser who sees any sign of termites generally should expect wood damage more extensive than what is visible.

Absent any agreement to the contrary, however, repairs to the home should now be the sole responsibility of the new homeowner.

 

[Tim tim]

Okay. Well ... the bad news is that the new owners can sue you. The good news is that, apparently, you have their inspector’s report and there is nothing in your sales contract that commits you to repairing unknown/unseen termite damage.

You can fend off a lawsuit by offering to pay the buyers for the reasonable costs of replacing damaged flooring and behind-wall damage caused by termites ... or you can wait to be sued and defend against the suit with the knowledge that you are probably on pretty safe legal ground. You could not be expected to disclose damage of which you were unaware and which a home inspection did not find.

You can have a real estate attorney in your area look over the sales contract, inspection report and closing papers to give you a better picture of where you stand.

Good luck.

hello again - I have been going back and forth with the buyer & through the kindness of my heart and the fact he is a first time home owner i verbally agreed to a small payment to make this all go away. if I do this and how should I draft up a document stating if they agree to this money they will no longer attempt to sue?

 

[quincy]

I think it a mistake for you to “help” the homeowner with after sale issues with the house.

There is no form. You can have an attorney draft one for you but I recommend you discuss the wisdom of your plan with this attorney first.

 

[Tim tim]

this buyer has informed me the real estate company gave him my contact info for him to contact me directly - Is this normal for them to give the buyer my contact information after the sale is complete? my agent stated he also forgot to black out my contact information in the documents I signed. am I able to do anything about this?

 

[quincy]

this buyer has informed me the real estate company gave him my contact info for him to contact me directly - Is this normal for them to give the buyer my contact information after the sale is complete? my agent stated he also forgot to black out my contact information in the documents I signed. am I able to do anything about this?

Your contact information is not a secret so the real estate agent did not violate any privacy laws.

Again, I would not communicate with the purchaser of your home without consulting an attorney first.