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.

wizjp · Joined: 12 Jan 2005 Posts: 6

2 years old? Buyer. Buyer beware.

JenS · Joined: 17 Jan 2005 Posts: 6

The current owners...thats their dumbness for not having the home inspected..ur mother is completely safe. Tell her not to pay ANYTHING...she sold the house over 2 years ago & so it is thier property, their responsibility. Make sure that she looks over the contract just to make sure there is no way she could be held liable for this, but I am 99% sure she wouldn't be unless her realtor was dumb and didn't notice a clause like that in the contract.

mybrainhurts · Joined: 22 Jan 2005 Posts: 5

Buyer beware. If they refused to have an inspection, it's their own fault. Besides if they bought it as much as 2 years ago, how do we know that the damage hasn't been done since? I would say, she should get her own inspector, and if they bill her more than that $490, consult a lawyer.

MissV3110 · Joined: 26 Jan 2005 Posts: 5

Water damage in an upstairs unit could have been caused by anything. She should try for mediation instead. In fact, the judge may require this before hearing the case.

mbrcatz170731 · Joined: 31 Jan 2005 Posts: 2

Wow, she needs an attorney, if she's being sued. Did she sell the house on her own? As long as she used a real estate agent, the sales contract should be protecting her. If she sold it on her own, well, she likely had a contract or gave a guarantee - or implied it - and she could get nailed to the wall on this. Do have her hire a real estate attorney on this.

tinytim · Joined: 05 Feb 2005 Posts: 5

The arbitrator will decide who's responsible. This was undoubtedly agreed to in the real estate contract, and the decision is binding. Arbitration takes place instead of litigation.