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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 1183
Experience:  Experience in residential real estate and commercial leases.
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I sold a duplex in kansas in january of 2011 and at that time

Resolved Question:

I sold a duplex in kansas in january of 2011 and at that time I indictated I had no knowledge of water problems during rain storms. Now after thirty months later the buyer claims me responsible for abundent leaks during hard rain. Does he not assume the responsibility to repair these and not wait this long to even call me.This unit was sold for aproximately 1/2 of its appraised value and he and his agents had abundant time to walk through and examine everything. Could I still be liable for any of these damages occuurring this late after the sale?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.
Hello! Thank you for your question today. My goal is to provide you with the information you seek.

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.

 

J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 1183
Experience: Experience in residential real estate and commercial leases.
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