What do you do if you are sued by the buyer of your home, 2 years after the sale for nondisclosure? Disclosure completed to the best of our knowledge
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What do you do if you are sued by the buyer of your home, 2 years after the sale for nondisclosure? Disclosure completed to the best of our knowledge
The buyer is suing us for $40,000 for damages 2 years after the sale:1. Roof – says we failed to disclose material defect to the roof. The roof never leaked!2. Drainage – Says the house and land are not fit for intended use. They say there is flooding and water under the deck – causing the basement to flood – we finished our basement – never flooded the basement. 3. Electrical intake found to be defective in the oringinal inspection. We had it fixed – they say it was not fixed and we represented that it was. They are suing us for $40,000 in damages for the 9 year old home.
Asked on May 14, 2009 under Real Estate Law, New York
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I just finished litigating a case like this in CT. It went on for 2 years and our client spent at least 20K in legal fees. The good news was that we were able to refer it to the client's homeowner's insurance carrier to pay the settlement. These cases are constantly litigated. The fact that you never had problems before is a good thing and it may just be that the owners are trying to take advantage of you. You are going to have to try to refer this to your carrier. You may indeed have a great defense, but you are going to have to spend the time to prove it. Do not delay sending this to your carrier as late notice could be a basis for them to deny coverage. Obtain all the copies of the inspection report and provide it to your lawyer, including the sales contracts. I wish i could be of help as I got my client out of this very cheaply.
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.