Is it possible for my buyers to sue for repairs after closing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it possible for my buyers to sue for repairs after closing?
Buyers had an issue with a leaking air conditioning
system in attic causing water damage in sheet rock
and flooring..they state it was a clog in system
caused by repair we made prior to closing. Their was
no visible evidence of leakage after my repair nor
during their walkthrough prior to closing. They were
given 3000 as ‘repair costs’ in closing amendment.
She states it was a preexisting condition. There was
no way to know wether or not that ‘clog’ was caused
by my repair
Asked on June 16, 2016 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
They can only sue (or to be more accurate, only sue with a reasonable chance of winning--unforunately, almost anyone can file a suit at any time for any reason, even when it's a losing case, forcing you to respond) if you knew or reasonably (under the circumstances) must have known of a problem which existed pre-closing, which was not reasonably visible or obvious, but which you failed to disclose to them. In that case (a "latent" problem, not disclosed despite knowledge of it), you committed fraud, which provides a basis for the lawsuit.
But if you did not know and reasonably could not have known of the problem, you did nothing wrong, did not commit fraud, and are not liable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.