Buyer Trying to Sue

[pojo2]

Ummmmm

Almost any window that opens will leak under those conditions

This statement is just not true!

 

[dallas702]

I'll take that bet. Opening windows, even with good felt or rubber seals/wipes will leak some when hit directly with a hose. If they are horizintally sliding windows the channel cannot be made leakproof forever...single or double pane. However, normal rain, wind and rain, or washing without directing the nozzle at the seams should leak very little.

 

[madinmd]

The buyer never specified what she meant by leaking and since we never had any leaks in the 3 years that we owned the house and the previous owner (who also owned the house for 3 years) never disclosed any window problems either, so we are confused by this buyer's claim.

 

[HomeGuru]

The buyer never specified what she meant by leaking and since we never had any leaks in the 3 years that we owned the house and the previous owner (who also owned the house for 3 years) never disclosed any window problems either, so we are confused by this buyer's claim.

**A: so unconfuse yourself.

 

[dallas702]

OK. Go back to square one and make the buyer specify EXACTLY what constitutes "leaking". So far you (she) hasn't described anything in enough detail to be meaningful. If she won't specify what the problem is tell her to stop harassing you and allow no more contact unless done through legal channels. That doesn't mean you have to hire a lawyer until you see what she is talking about. Stop paying paying people to help yoou fix this problem until she identifies the problem. IF she sues you, THEN you worry about representation. Right now she is blowing hot air. IF she gets a hearing through mediation, THEN you can answer the complaint and give your side to the Realtor's Assn. (though I can't imagine what power they have to do anything but give an opinion). When she contacts you again (and she will given her history) tell her that you are going to sue her for all the costs you have incurred in defending yourself against her frivolous claims, and that you will demand punitive damages because it has already been made clear that she has no case (that's a little bit bs, but she's approaching fertile ground).

 

[madinmd]

thanks. We are waiting for the buyer to get a hearing through the realtor's association. Our realtor does not even think that they will waste time on this case. We have contacted our lawyer and told him to draft a letter to the buyer stating about what you said- to stop harassing us with frivilous claims, we have no liability, that she signed contracts stating as much, and that we will pursue legal action against HER for our costs associated with defending ourselves.

 

[HomeGuru]

thanks. We are waiting for the buyer to get a hearing through the realtor's association. Our realtor does not even think that they will waste time on this case. We have contacted our lawyer and told him to draft a letter to the buyer stating about what you said- to stop harassing us with frivilous claims, we have no liability, that she signed contracts stating as much, and that we will pursue legal action against HER for our costs associated with defending ourselves.

**A: ok, that's a start.

 

[madinmd]

Update on case

OK- now the buyer has had all of the windows replaced (found out from several former neighbors) and we just received the forms from the MD Realtor's Assoc. that the buyer is requesting mediation. What in the heck is there to mediate? Her own lawyer advised her not to pursue any claims against us. We are considering declining mediation (we have to pay at least $100 for mediation and have already paid our lawyer over $500 to deal with this so far) because her claim is unfounded. Opinions, please!

 

[CAlandlords]

OK- now the buyer has had all of the windows replaced (found out from several former neighbors) and we just received the forms from the MD Realtor's Assoc. that the buyer is requesting mediation. What in the heck is there to mediate? Her own lawyer advised her not to pursue any claims against us. We are considering declining mediation (we have to pay at least $100 for mediation and have already paid our lawyer over $500 to deal with this so far) because her claim is unfounded. Opinions, please!

Declining mediation might not be the best idea. I don't know about your state but in CA, a party who refuses or resists mediation is not entitled to recover prevailing party attorneys' fees. Something to think about.

 

[dallas702]

You should ask your attorney, but I would file a counterclaim for all your attorney's costs and other expenses in defending yourself. I still can't see any legal basis for your buyer to get one dime.

The fact that the windows have now been replaced precludes the challenge of their claims of "leaking". What is their evidence....the guy who got paid to replace the windows? Yeah, like any judge will not see through that scam.

You should be able to state your case on the forms. When the RA gets those they should toss the whole thing in the trash. I'm sure your buyer's statements were heavily skewed to make it appear you had responsibility. You let the RA know both of you have been told by your respective attorneys that their is no basis for a claim against you.

Go get your $600++ back.

 

[pojo2]

Still waiting to find out what constitutes "leaking", air or water?

 

[madinmd]

Thank you so much for all of your replies. I called the Realtor's Assoc. and they said that while the buyer's claim does not seem to have merit, they are not there to determine fault, only to mediate the two sides and try to reach a resolution. We put a call in to our attorney and are awaiting reponse. The leaking that the buyer said occurred with the old windows was air. Again, the house is only 6 years old and all of the neighbors whose houses are all the same age, have not had window issues. This buyer simply wanted new windows because she wasn't happy with the builder grade ones. And, she wants someone else to pay for them.

 

[dallas702]

"This buyer simply wanted new windows because she wasn't happy with the builder grade ones. And, she wants someone else to pay for them."

Bingo! Now drive this point home to the RA (or court if necessary), and demand your expenses be reimbursed by the buyer.

 

[HomeGuru]

Maybe the buyer saw a window of opportunity.

 

[madinmd]

That would be funny if I weren't grinding my teeth over this. I'm not ready to laugh about this jsut yet...