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Dave Kennett
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We are selling a house. In the addendum, it states that the

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We are selling a house. In the addendum, it states that the buyers have two days from receiving our receipts to have an inspection and if needed, request additional work. Our realtor did not send the receipts for the repairs (10/8/12) to the buyer's realtor. The buyer had a reinspection and discovered a cracked sewer pipe 10/31/12. The deal closed and the house is now recorded with the buyer as the owner (am 10/31/12). I am concerned about paying for this because the realtor was supposed to send the receipts, which would have given the buyer 2 days to inspect (She had the inspection almost 3 weeks later).

So my question is: could we go after the realtor for dropping the ball on this and not sending the receipt- which now puts us under obligation to fix the pipe ($4000.00) ? We also followed up with her to send the receipts 10/15/12, but now she says she didn't send it because the buyer's realtor didn't ask for it. Because the receipts were not sent, the inspector can ask for additional repairs to the pipe.
Submitted: 1 year ago.
Category: Business Law
Expert:  Dave Kennett replied 1 year ago.

-Could you explain your situation a little more?
Is this the same situation I addressed yesterday or is this a first time question?

I have no way of tracking prior answers so if you are asking this as a follow up please let me know.

Customer: replied 1 year ago.


This is related to yesterday, but I am inquiring about going after the realtor for the repairs, because during the our repair of the sewer, the plumber saw a crack in the clay pipe, but I told him not to put it on the report, because at the time I was upset that the buyer kept trying to chisel the price lower lower with more repairs etc. Yes, I know it was wrong, but at the time I was upset and didn't care.


 


So if I do have to represent myself in court, the plumber may be called to testify and I would surely lose the case after he mentions the crack.


 


This is the fault of my realtor for not sending the receipts to the buyer like we asked. Had she done this, the addendum states that the buyer would have only two days to inspect and demand add'l repairs.


 


So I would like to know if the realtor could be liable for damages ( the price of the repair) for not following our instructions to send the receipts to the buyer.

Expert:  Dave Kennett replied 1 year ago.
This obviously changes the facts. Regardless of the receipts you knew of the problem and if it comes out in court you will be considered to have concealed a defect. You can certainly include the Realtor in any lawsuit for negligence in not providing the receipts but the concealment of the defect will likely be the biggest problem you have if the plumber is called as a witness. You would have to wait until you are sued and then name the Realtor as a third party defendant and hope no one calls the plumber as a witness. Unlike a criminal trial you can be called to testify and you can't lie under oath or it would perjury.
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27686
Experience: 25 years practicing law
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