Buyer Trying to Sue

[madinmd]

What is the name of your state? Maryland

Sold house 3 months ago. House is 6 years old and I owned it for 3 years.

Buyer had a home inspection, all inspection items were fixed, buyer bought house.

Buyer now wants $13,000 to replace windows that she says have "obvious defects" and are leaking. She says that the window defects should have been disclosed. Windows were not found to be defective during the home inspection or the buyer's walk through.

While I owned the house, the windows were all in working order and did not leak so there was nothing for me to disclose. I never made repairs to the windows, or contacted anyone to make repairs to or replace the windows.

My realtor says that the buyer does not have a case because she had an inspection, signed off on it, and purchased the house "as is" according to the MD sales contract paragraph 12. Additionally, Because I never experienced any problems, there was nothing to disclose.

Doe the buyer have a case?

 

[PghREA]

What is the name of your state? Maryland

Sold house 3 months ago. House is 6 years old and I owned it for 3 years.

Buyer had a home inspection, all inspection items were fixed, buyer bought house.

Buyer now wants $13,000 to replace windows that she says have "obvious defects" and are leaking. She says that the window defects should have been disclosed. Windows were not found to be defective during the home inspection or the buyer's walk through.

While I owned the house, the windows were all in working order and did not leak so there was nothing for me to disclose. I never made repairs to the windows, or contacted anyone to make repairs to or replace the windows.

My realtor says that the buyer does not have a case because she had an inspection, signed off on it, and purchased the house "as is" according to the MD sales contract paragraph 12. Additionally, Because I never experienced any problems, there was nothing to disclose.

Doe the buyer have a case?

No, but she can hassle you. Your Realtor is right, she had an inspection done which she signed off on and the windows were fully visable to her each time she was in the house.

 

[HomeGuru]

What is the name of your state? Maryland

Sold house 3 months ago. House is 6 years old and I owned it for 3 years.

Buyer had a home inspection, all inspection items were fixed, buyer bought house.

Buyer now wants $13,000 to replace windows that she says have "obvious defects" and are leaking. She says that the window defects should have been disclosed. Windows were not found to be defective during the home inspection or the buyer's walk through.

While I owned the house, the windows were all in working order and did not leak so there was nothing for me to disclose. I never made repairs to the windows, or contacted anyone to make repairs to or replace the windows.

My realtor says that the buyer does not have a case because she had an inspection, signed off on it, and purchased the house "as is" according to the MD sales contract paragraph 12. Additionally, Because I never experienced any problems, there was nothing to disclose.

Doe the buyer have a case?

**A: what does the Buyer's home inspection report state concerning this issue of defective windows? And was this an issue in any way shape or form with the previous Seller, home builder, developer etc?

 

[madinmd]

I do not have access to the buyer's inspection report, and am unaware of it's content other than that windows were among the items inspected (I have the description of the service performed by the inspector and windows are among the items that he inspects). The only information that I received about the inspection was a list of the items that the inspector and buyer say failed their inspection. These very minor (read: nitpicky!) items were all repaired to the buyer's satisfaction. Windows were not among the items that the buyer requested to have repaired.

I did not experience any window problems, the previous owner (before me) did not disclose any window problems and I am unaware of any builder window problems. The windows were all in working order (opened and closed easily and locked and I never had any water coming in) when the house was sold. I lived in the neighborhood for 3 years and was friendly with many neighbors (where the same builder built all of the homes at about the same time) and none of my neighbors ever reported any window problems to me.

 

[HomeGuru]

I do not have access to the buyer's inspection report, and am unaware of it's content other than that windows were among the items inspected (I have the description of the service performed by the inspector and windows are among the items that he inspects). The only information that I received about the inspection was a list of the items that the inspector and buyer say failed their inspection. These very minor (read: nitpicky!) items were all repaired to the buyer's satisfaction. Windows were not among the items that the buyer requested to have repaired.

I did not experience any window problems, the previous owner (before me) did not disclose any window problems and I am unaware of any builder window problems. The windows were all in working order (opened and closed easily and locked and I never had any water coming in) when the house was sold. I lived in the neighborhood for 3 years and was friendly with many neighbors (where the same builder built all of the homes at about the same time) and none of my neighbors ever reported any window problems to me.

**A: request a copy of the Buyer's inspection report. Talk to your old neighbors to see if the windows have become an a issue with them.

 

[madinmd]

I checked with a couple of my old neighbors and none of them have had any window issues.

I will try to get a copy of the home inspection, but I doubt that I have any right to it since it was a service that the buyer paid for. Besides, since it undoubtedly says nothing negative about the windows, she probably would not want me to see it since it will definately hurt her case.

I've got an appointment with a real estate lawyer next week. I'm hoping that he will write a letter to her explaining that she has no case and to not contact me again.

 

[PghREA]

I checked with a couple of my old neighbors and none of them have had any window issues.

I will try to get a copy of the home inspection, but I doubt that I have any right to it since it was a service that the buyer paid for. Besides, since it undoubtedly says nothing negative about the windows, she probably would not want me to see it since it will definately hurt her case.

I've got an appointment with a real estate lawyer next week. I'm hoping that he will write a letter to her explaining that she has no case and to not contact me again.

Check the rules on the home inspection report - In my state, the seller can get a copy of the buyer's report if he requests it.

 

[madinmd]

update on case

What is the name of your state? Maryland

I posted about this a couple of months ago, but my case has progressed a little since then.

The buyer of my house had a lawyer send me a threatening letter (threatening litigation) regarding my failure to disclose a supposed window problem that would cost $13,000 to repair. I never experienced any window problems in this 6 year old house and the buyer had an inspection on her behalf and had full access to all the windows. And, the buyer also preoccupied the house a few days before settlement.

I retained my own lawyer who informed her lawyer that I denied any liability and reminded her that she had the inspection and the preoccupation and that the sales and preoccupation contracts clearly state that the house is sold "as is" and that she could make "no further claims to the seller" after signing off on the sales contract and preoccupation agreement.

Now, the buyer wants to go through the Md Realtor's Assoc. mediation program (which is her right under the contract and SHOULD have been what she did initially instead of retaining a lawyer and threatening to sue me). But, there is nothing to mediate. I never had problems, my former neighbors (I contacted a few regarding this) never had window problems, and she did have an inspection.

What do I do now? This buyer is irrational and is driving me crazy. I am sure she will not give up when the mediation does not work in her favor.

 

[pojo2]

What is the buyer claiming is the problem with the windows? Cold air coming in or them not being operational?

I mean 13K sounds like she/he wants all the windows replaced sooooo WHY?

restraining order??

 

[madinmd]

The letter just said that the windows leaked. But, like I said before in my first post in August, I never experienced these problems and the windows were obviously satisfactory to her home inspector. I did not conceal or fail to disclose anything. My realtor thinks that this buyer is crazy and that she just wants the builder grade windows replaced for free. But, she bought the house with those windows in it!

 

[HomeGuru]

Call a window installation contractor and the manufacturer's rep to inspect the windows and provide an opinion.

 

[madinmd]

I sold this house over 5 months ago. Why would I hire someone to inspect a house that I have not owned in months?

 

[HomeGuru]

I sold this house over 5 months ago. Why would I hire someone to inspect a house that I have not owned in months?

**A: ok fine, then let the Buyer hire those people and then go after YOU.

 

[dallas702]

Let me guess: The buyer decided to clean the windows by hitting them directly with a hose and nozzle. Well, duh! Almost any window that opens will leak under those conditions. Did you get a specific description of the "leaking" the buyer is complaining about?

 

[HomeGuru]

Let me guess: The buyer decided to clean the windows by hitting them directly with a hose and nozzle. Well, duh! Almost any window that opens will leak under those conditions. Did you get a specific description of the "leaking" the buyer is complaining about?

**A: good windows should not leak even under those conditions on a 6 year old house.