After the sale, what legal obligations are there?

Question

We sold a home we remodeled on March 2.  During the remodel, we passed all city inspection requirements, including the plumbing inspections, etc.  We purchased a home warranty for the house because we thought it was a good sign to someone as a buyer for their protection, so to speak.  The buyers also had a personal inspection done.  Now only 2 weeks later, the buyers are "sending us a letter" regarding a problem they are having with the sewer.  They had the home warranty company out and say they are going to have to dig up the yard, etc for repairs because tree lines are in the sewer line.   We NEVER had any trouble with this, we passed inspections, they had an inspection that made no note of any problems with this.  So my question is are there any legal ramifications that could come from this?  Could they really have a lawsuit case if it comes to that since all inspections, etc were passed?  (We live in Kansas if there is any difference in that.)

SndChaser · Accepted Answer

You're fine.  Anyone can sue anyone for any reason in this country, but in order for you to be liable here, the buyer would have to PROVE that you knew of these problems and failed to disclose or hid them from you, which is next to impossible to do even if you were a shady seller.  Just politely say you weren't aware of any problems and feel bad that they are going through this and leave it at that.

aquaman · Answer

Hold out for an answer from Kansas. Things can vary from state to state. If you're in the market to do this more than once you should already have a real estate attorney on retainer to help guide you in instances like this. You're probably fine, but peace of mind is worth a consultation fee.

Scott K · Answer

You should probably consult an attorney.  I would say that you could be on the hook if the warranty company doesn't come through, based on your question details.  It would come down to what was said about the warranty in the description of the property.  If it says anything like "seller warrants .." you're probably stuck.  But if it says something like "subject property is covered by x policy," you are probably safe.

? · Answer

You owe the unique proprietor for the loss in fee of the motorcar. In different words, if the damage to the motorcar led to him promoting it for decrease than he may have offered it had it no longer been damaged, then the version in value is what you owe (as a lot as a maximum of restore expenditures). You owe the recent proprietor no longer some thing, considering that he (probably) were given a coupon on the acquisition value of the motorcar.

BoomChikkaBoom · Answer

You really should go see a good real estate lawyer to get their opinion, and to have him or her write a response to their letter.

If I were in your shoes, I wouldn't be worried.  You had the required inspections done, they had an inspection done and and you were not aware of any prior problems.  But just to be safe, I would still go see a good real estate lawyer.

Anonymous · Answer

Unless you concealed the defect, you are fine.  Maybe they are making a claim against the warranty.

sdmike · Answer

No - you are probably OK.  Your only problem would be if they could show that you KNEW but didn't disclose it to them when they were buying.

Insist on going to mediation before going to court.  It will give them you a low cost dry run and help to demonstrate to them the weakness of their case.

After the sale, what legal obligations are there?

7 Answers