Buyer threatening suit over disclosed condition

[[email protected]]

I sold my home of two years in November '99. I sold the home myself and disclosed (in writting) that there was minor leaking in the basement.

Several months later the buyer has written that the leaking is more than he expected and he wants me to pay for the repairs.

I only lived in the home for two year, the leaking was not disclosed to me, although it was apparent there had been leaking. I only experienced minor leaking, which I disclosed.

How likely is it that, if sued, we would have to pay for the repairs?

P.S. He had a home inspections, which did not either illuminate or emphasis the leakage.

 

[Tracey]

Think for a moment: how exactly can you disclose a defect of which you are unaware? You have all kinds of defenses:

1. You disclosed the leaking. Your disclosure was accurate because you only experienced minor leaking.

2. How can he prove that the excessive leaking existed when he bought the house? Maybe the leaks have gotten worse because he failed to fix them promptly.

3. Maybe the leaking is during normal rainy seasons, but it's just been unusually wet this year. (Certainly a good defense in Washington! It's still raining.)

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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.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by [email protected]:
I sold my home of two years in November '99. I sold the home myself and disclosed (in writting) that there was minor leaking in the basement.

Several months later the buyer has written that the leaking is more than he expected and he wants me to pay for the repairs.

I only lived in the home for two year, the leaking was not disclosed to me, although it was apparent there had been leaking. I only experienced minor leaking, which I disclosed.

How likely is it that, if sued, we would have to pay for the repairs?

P.S. He had a home inspections, which did not either illuminate or emphasis the leakage.

<HR></BLOCKQUOTE>

Tracy is correct and you as the Seller did the proper thing by disclosing the condition as you knew it. You are protected as long as you disclosed the true basement condition without saying that the problem is fixed and/or will not happen again. You could have further protected yourself by disclosing the condition and recommending that the Buyer hire a specialst for further investigation of the condition. Example of possible disclosure statement
language : The basement had some minor leaks that consisted of some water appearing through the walls at___________locations. This occured_______times during____dates and was prevalent during heavy rains or storm conditions. The Seller is selling the home in as-is condition with this defect and makes no representations as to the cause of the problem, the extent of the problem, if the problem can be corrected and the related cost. The Seller will not fix this condition nor make any repairs due to this condition. The Seller recommends that the Buyer hire an expert of the Buyers own choosing to conduct further investigation of this condition prior to closing."

 

[2tired]

Being a home inspector, I tell buyers there is no warranty or guaranty of future reliability, and the inspection is for that day and time only. You could point out that you disclosed the fact and it was up to the buyer and their agent to get bids to further determine the cost and extent of repairs. Their insurance might cover any damage due to the leakage. From experience, sometimes buyers get into a house, are stretched for cash, and repairs run into more than they bargain for so they start pointing fingers. Used houses are like used cars, hard to know when a belt might break or how well they were maintained.