Disclosure

[Everest]

I sold a house in Indiana. One and a half months after the buyers moved in, the central air unit broke. The buyers had the property inspected by an inspector chosen by the real estate agent. Supposedly, the agent never gave the buyer a copy of the inspector's findings. I never received notice of anything needing to be replaced. I learned of this when the buyer demanded that I pay 1200 to have it fixed. Three months before the buyers purchased the house I had my own inspection done and he stated that everything was in working order. The Central Air unit was fine. Obviously I did not disclose any problem because I was not aware that any existed. I had also moved out of the house 13 months prior so for the open houses I asked the agent to turn the unit on as needed. I never received word that the unit was bad. I am being sued by the buyer for not disclosing this problem. The Real Estate agent and the Inspector are also being sued. The contract states that the buyer has 10 days after the inspection to cancel the deal. That never happened. How liable am I?

 

[Smithy]

I don't know how liable you are or could be, but couldn't you present the people who are suing you with a copy of the paperwork from when you had your own inspection done, three months prior to them moving in?

 

[Everest]

I never had the opportunity to do so before the court date. It wil be one of my exhibits for the judge to review. Since I have to travel out from out of state to appear in court am I able to counter sue for hotel, meals and mielage for this case? It is not going to amount to much but I feel that it is the priniciple and that I am not liable for the buyers failure to have an inspection done, receive the paperwork on any changes that need to be made and to notify me if he does not like what might appear as needing to be fixed. In my personal opinion, I think the buyer and the real estate person are each 50% liable since the buyer did not follow the guidelines of the contract and the real estate agent did not provide the buyer with the papers from the home inspection. Thoughts?