Real Estate Law
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The expiration of the warranty itself does not extinguish your liability exposure.
In Montana, a person can sue for breach of contract up to 8 years after the breach. Also, a claim of fraud or intentional/negligent misrepresentation can be filed up to 2 years after the event.
Also, Montana has a 10 year statute of repose for construction defects. This means that the person has up to 10 years to sue for defective construction.
Thus, the people are within their timeframe to sue if they so choose.
However, if the people didn't have a home inspection done, that's going to hurt them and be your best defense. If the issues could have been uncovered by the inspection, that's going to reduce their right to recover from you UNLESS they can prove that you knew about the problems and didn't say - which is highly unlikely.
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