being sued in small claims court

[astrick]

We are being sued in small claims court. We sold a house in California one year ago tomorrow. We were served papers today. The house had solor on the pool and on the house the house side never worked and my husband cut the pipes 2 years ago because of leaks. When the Real Estate agent came out and made the offer,we told them that the system for the house didn't work and we were going to remove it. He stated his clients were in the plumbing business and to leave it they could probally fix it. We forgot to put it in the disclosures. At the time of the inspections (they used a friend of theres that was a contractor) I was home so I went outside to explain the solor for the pool and then told them about the house side not working. I took them over to the side of the house were we had cut the pipes and showed them to them. I then took them into the garage and showed them the tanks. The light was on and they asked me if it didn't work then why was the light on. I stated that my husband didn't know how to disconnect it. He was going to have someone come help him, when he was going to take it out. They want us to pay for a new system since we forgot to put it in the dislosures. They also said that there was no fire alarms in the house. Which was not true there was one upstairs and one down. I luckly took pictures of the whole house after we did our final cleaning. And they now state that the water heater was not straped down. I left a check on the counter for the water heater and for a light fixture we didn't have time to put up. We felt like we were rushed we put the house on the market one day and that night they looked at it and the next day they put an offer in on it. And when it came time to close they moved up the closing date by 2 weeks right when my kids were getting out of school for summer.We had a 30 day escrow. These people were nasty from the beginning I should have known something like this would happen. They have 5 kids and we were selling a 6 bedroom house with a pool. They wanted us to take money off for the pool because they said that it was not a selling point for the house.(They have all early teenagers) My husband said that is okay we will just fill it in. They said, No you can leave it. We sold the property as is and when I took the posters and pictures off my walls they said that I should have painted. I feel like we are being nit picked to death. I need some help. Thanks!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by astrick:
We are being sued in small claims court. We sold a house in California one year ago tomorrow. We were served papers today. The house had solor on the pool and on the house the house side never worked and my husband cut the pipes 2 years ago because of leaks. When the Real Estate agent came out and made the offer,we told them that the system for the house didn't work and we were going to remove it. He stated his clients were in the plumbing business and to leave it they could probally fix it. We forgot to put it in the disclosures. At the time of the inspections (they used a friend of theres that was a contractor) I was home so I went outside to explain the solor for the pool and then told them about the house side not working. I took them over to the side of the house were we had cut the pipes and showed them to them. I then took them into the garage and showed them the tanks. The light was on and they asked me if it didn't work then why was the light on. I stated that my husband didn't know how to disconnect it. He was going to have someone come help him, when he was going to take it out. They want us to pay for a new system since we forgot to put it in the dislosures. They also said that there was no fire alarms in the house. Which was not true there was one upstairs and one down. I luckly took pictures of the whole house after we did our final cleaning. And they now state that the water heater was not straped down. I left a check on the counter for the water heater and for a light fixture we didn't have time to put up. We felt like we were rushed we put the house on the market one day and that night they looked at it and the next day they put an offer in on it. And when it came time to close they moved up the closing date by 2 weeks right when my kids were getting out of school for summer.We had a 30 day escrow. These people were nasty from the beginning I should have known something like this would happen. They have 5 kids and we were selling a 6 bedroom house with a pool. They wanted us to take money off for the pool because they said that it was not a selling point for the house.(They have all early teenagers) My husband said that is okay we will just fill it in. They said, No you can leave it. We sold the property as is and when I took the posters and pictures off my walls they said that I should have painted. I feel like we are being nit picked to death. I need some help. Thanks!<HR></BLOCKQUOTE>

There should have been a notation in the disclosure statement or at least in the sales contract that the solar system for the pool did not work. Your stand is that you verbally discussed and showed all parties the non-working condition of the solar. Contact your real estate agent to advise you. If you did not use a real estate agent or an attorney, you need one now.