being sued over flooding problem

[svt_stanger]

A couple of weeks ago i sold my house which i have lived in for over 40 years. The person who bought my house just sent me a letter explaining that the back room floods and that the grill is too close to the house. They are claiming that it floods so bad that it has ruined the dry wall and needs to be fixed. The house was inspected by three different people and passed all inspections. I used the back room for storage and never really had a problem with water in there. They are threating to sue me if i don't get the grill moved and pay to fix the foundation and the dry wall.

 

[Tracey]

What state are you in? Does your state require you to disclose ANY flooding, or just "significant" flooding? Hopefully it's number 2. If you never had significant flooding and had no reason to suspect that there was a serious flooding potential, you didn't have to disclose it. If you don't have to disclose it, you don't have to pay to fix it. You are not automatically liable for their flooding if you never experienced problems. For all you know, the drain backed up last week because they hosed wet cement down it.

Dig out your disclosure statement if you have one. If you specifically denied any flooding problems, you'll need to research whether flooding has to be severe before you must disclose it. If you disclosed it, you're off the hook entirely.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[svt_stanger]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
What state are you in? Does your state require you to disclose ANY flooding, or just "significant" flooding? Hopefully it's number 2. If you never had significant flooding and had no reason to suspect that there was a serious flooding potential, you didn't have to disclose it. If you don't have to disclose it, you don't have to pay to fix it. You are not automatically liable for their flooding if you never experienced problems. For all you know, the drain backed up last week because they hosed wet cement down it.

Dig out your disclosure statement if you have one. If you specifically denied any flooding problems, you'll need to research whether flooding has to be severe before you must disclose it. If you disclosed it, you're off the hook entirely.

<HR></BLOCKQUOTE> I live in Michigan

 

[Tracey]

The MI seller disclosure act is in chapter 565.951-565.966. The form is in 565.957. Read your disclosure statement: Did you acknowledge that there had been flooding (Other Items #5) & that there was evidence of water in the basement (Property Conditions #1)? If you didn't, you're in trouble & need to see a real estate attorney immediately. If you disclosed the water problems but said *your* flooding had been minimal, you're OK. [565.955] Honest inaccuracy does not make you liable.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.