Please note: (1) this is general information only, not legal advice; and (2) I will provide you with honest information and not necessarily to tell you might be hoping to hear.
Sorry you are dealing with this situation. The seller can be held liable for failing to disclose known defects. The buyer must prove that the seller had actual knowledge and failed to disclose. The buyer could also prove that the seller attempted to cover up known defects. A typical defense is that the buyer could have by reasonable inspection discovered the defect.
It is very difficult for a buyer to prove that the seller had actual knowledge of the defect and failed to disclose. If you did not attempt to conceal the fact of a drainage issue and did not have an issue yourself, while the buyer could assert a claim, it will be difficult for him to produce evidence that you fraudulently and intentionally did not disclose a known problem-meaning unlikely to be able to recover damages from you.
Unfortunately, the statute of limitations to bring such a claim is 3 years from the act of omission.
If after advising the buyer you are sorry about the situation however you did not have any water problems and are not responsible for repairs, he files a suit or continues to make demands, you would be wise to retain counsel to resolve the matter as soon as possible.
I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information.
All my best & encouragement. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" or “continue conversation” tab. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).