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The seller knew about this leak. He did not disclose it.
Any reasonable person should realize that not fixing a leak of any size is going to cause issues.
This was a pre-existing condition. This was not a normal maintenance issue. To say that the OP bears absolutely NO responsibility is disturbing.
I really don't believe that the new buyer is trying to shake him down for money... They just want this fixed. They want the BILL paid for. Where does it say they are looking for anything more?
The condition was dislosed during the home inspection.
I think the OP needs legal representation from the beginning.
Not to rub it in but, apparently, the attorney agrees with me....
Quote:
Originally Posted by vintagelace
I spoke with an attorney today and he told me it was just a demand letter from the buyers ignore it. If I receive something from their attorney then call him.
Don't talk to anyone about this. Nobody except your lawyer. Don't contact the new owners. Ignore any attempt to contact you or any letters they send you. File any voicemails or letters they send.
No need for getting a lawyer yet. Not until you get a letter from a real lawyer or served. You can't do anything to help yourself yet. Just don't hurt yourself by commenting on it.
IMO they don't have a case and will likely be shown the door by any lawyer they contact, if they give them the whole story. Doesn't matter if you didn't disclose the leak, the home inspector did disclose it to them. They accepted the house knowing there was a leak.
If you didn't know anything about mold then there is nothing to disclose.
As long as you didn't hire a company to treat mold or something similar that can be used to prove you knew about existing mold then they don't have a case.
Now anyone can sue you for any reason at all. Its gonna cost them more than 9k to bring this suit and it has a near zero chance of winning. Once they talk to a lawyer they will slowly come to grasps with this fact.
Exactly. They don't have a case. All they want is $$$. If it were real, you would have gotten a notice to appear in court by a real lawyer. They don't have a case because they bought the home knowing there was a leak. Furthermore, they didn't hire a mold inspector to check for the presence of mold. Not your issue, not your problem. They bought a used house, so no backsies. There is no evidence you deceived them, so a lawyer will probably laugh them out of his/her office.
The seller knew about this leak. He did not disclose it.
Any reasonable person should realize that not fixing a leak of any size is going to cause issues.
This was a pre-existing condition. This was not a normal maintenance issue. To say that the OP bears absolutely NO responsibility is disturbing.
I really don't believe that the new buyer is trying to shake him down for money... They just want this fixed. They want the BILL paid for. Where does it say they are looking for anything more?
The buyers knew about the leak, too, so there was no disclosing necessary. It was in the inspection report that the buyers paid for. Once they chose not to ask for it to be fixed, it was no longer the seller's issue.
I recently sold my home. The buyers brought in their own home inspector. The repairs were that I needed a newew patio roof, something done to the heater and new tiles on the roof. I had all of the repairs done totaling $4,000. The inspector also had that there was a leak under the sink. No one asked me to fix it. The buyers signed off. The house is there's.
Now my agent is telling me I didn't disclose a leak. So I could be liable. To tell you the truth I had forgotten about it it was so little. The inspectors picture of under the sink there were only three things of cleaning products. The only time I really get under the sink is to grab a cleaning tablet for the dish washer. I don't use a bunch of cleaners with chemicals because I use an industrial steamer to clean everything. So I never noticed how wet it was.
The buyer has now sent me a letter stating that I sold the house knowing that it had mold. He also included how he was buying the home for his girlfriend and brand new baby to live in the house and now they are unable to move in because of the mold.
I knew nothing of the mold. I didn't know how wet it was under the sink. Why didn't they have me repair the leak after they got the inspection. They are trying to get me to pay the $9,000 bill to clear out the mold. I never would have sold the house with mold.
Does the buyer have a leg to stand on? I am in California. Why aren't they blaming the inspector not me?
Right there, in bold, you admitted you knew about the leak. That's all they would need. From this point on, ****! Say NOTHING! IMO, you don't need a lawyer at this point. Any lawyer would want an up front retainer, usually $2000+, usually for nothing. This guy is fishing, to get you to say something he can work with. I've found in such cases the less interaction, the better. What does your agent have to do with it? He is out of the picture. Just say NOTHING to anyone, including your agent. Don't try to show how honest you are, how sincere you were, etc. NOTHING! They want the lawsuit, make them work for it. Chances are it will dry up and blow away. If they had something they would have pursued it. The fact that they are trying to get input from you shows they need something to proceed. Don't give it to them!
BTW, was the letter from the buyer sent registered? If not, just deny you ever received it. If they do send something registered, refuse it.
The condition was dislosed during the home inspection.
The leak was revealed, not the fact it was a long standing problem that had led to mold in the wall.
Quote:
Exactly. They don't have a case. All they want is $$$. If it were real, you would have gotten a notice to appear in court by a real lawyer.
Then you are not aware, that a demand letter is most often sent, prior to filing a lawsuit in situations like this. It helps strengthen the lawsuit, as the other party is given a demand that they ignore, which after a short period of time the lawsuit is filed.
The leak was revealed, not the fact it was a long standing problem that had led to mold in the wall.
The OP indicated they didn't even know about the leak until the inspection, so how could they know it was a long standing problem? He says it wasn't until the night before closing when the girlfriend was packing the items under the sink that they were aware there was a lot of water under the sink and an odor.
The OP indicated they didn't even know about the leak until the inspection, so how could they know it was a long standing problem? He says it wasn't until the night before closing when the girlfriend was packing the items under the sink that they were aware there was a lot of water under the sink and an odor.
There again, you're admitting culpability. Eve that much gives them something to work with. You admit you were aware of "something" before closing. Admit NOTHING.
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