gregorygarver.com

jasminej · Joined: 09 Dec 2004 Posts: 7

My mother sold her house 2 years ago. The first time she tried to sell it 3 years proir she had it inspected and nothing was found, she was even offering a warranty at that time. She had major construction done, but it was all in the basement that she made into an extra luxury unit. The current owners have found water damage in one of the upstairs units and have had to do major repairs because of this. They want her to pay for all the repair costs and costs for energy since they found wires that were done wrong,which were not messed with while we were there, (the basement was only worked on). She is currently going to arbitration under their requests. She's been billed 490 dollars for this so far.My question is, who should be responsible for all the damage costs? The current owners did not have it inspected before they moved in, and my mother had it inspected 3 years prior with everything fine.

Karma · Joined: 10 Feb 2005 Posts: 5

Your mother is not at fault here. The house is considered sold "as is" in it's current state at the time of closing, unless it was specifically written into the contract. Any issues that came up should have been handled prior to the final walk through. That's why buyers get inspections. They didn't have one, that's their fault.

lawmom · Joined: 15 Feb 2005 Posts: 5

If your mother was unaware of the damage/defects, she is not liable. She would only be responsible if she had hidden the defects. The buyers have the responsibility to get the property inspected before they buy it. And who's to say the water damage hasn't occurred in the last two years. It's unfortunate she's having to defend against this. Make sure her lawyer asks for attorney fees.

altonbi · Joined: 20 Feb 2005 Posts: 5

If she knew of the problem, it is possible she could be responsible. When you sell a house, there is a form that is signed that states you have told the new owners of any problems you are aware of.

Phoenix · Joined: 25 Feb 2005 Posts: 5

This should fall under "buyer beware" - once you sign the papers, the property is yours, problems and all.With the info you have given, your mother is in no way liable for any repairs these people had to have done. Property is usually purchased as-is.Of course, we don't have all the info, so I could be wrong.

Leeshdog · Joined: 02 Mar 2005 Posts: 7

Since they didn't get it inspected before they bought it, they took on the risk of what just happened. By getting an inspection, you alleviate yourself from this kind of thing and the burden of responsibilites for any necessary repairs before you buy a property does not fall on you. Your mother should win her arbitration. Anything could've happened in 2 years' time and you never know what they did after they moved in...they could've done shade tree repairs or tried to rig something on their own. Like they say on these court shows...Get it in writing and not having an inspection pretty much forfeits their rights to repairs after the fact.

Captain · Joined: 06 Mar 2005 Posts: 4

If the new owners took possession without an inspection, then they assume all liabilities. Especially after two years, since there was no inspection prior to move-in, and your mom did not know of any problems, the new owners do not have a leg to stand on.