If I recently sold a house that I inherited, can I be sued by the buyer for a roof leak even though her inspectors passed the home and it was sold as is?
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If I recently sold a house that I inherited, can I be sued by the buyer for a roof leak even though her inspectors passed the home and it was sold as is?
My realtor made up a contract for the house to be sold as is because I knew nothing of the home. When I inherited the house I did have the roof replaced. We recently received over a foot of rain, the realtor called and said the roof leaked and the lady that bought the home is going to file a lawsuit. I tried to contact the man who replaced the roof but he is no longer in business. I have no warranty or proof it was replaced 2 years ago besides my bank record showing a check cashed by his business for a roof replacement. She had the house inspected and all of the inspections she asked for passed.
Asked on December 29, 2015 under Real Estate Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the house was inspected and she bought the house "as is" after inspection, she cannot sue you--or more accurately, she cannot *successfully* sue you, since it's almost impossible to stop someone from filing a lawsuit in the first place--unless she can show:
1) that the defect in the roof was latent, or hidden, and so could not be found by an inspector or by a buyer during her walkthrough or other viewing(s) of the home; and
2) you knew, or reasonably must have known, of the defect but knowing of it, concealed it (fraud)--a seller is not liable for problems he/she did not know of, unless he/she gave an actual warranty or guranty on the home.
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