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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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In September, 2012 we sold our home -- in October, 2012 the

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In September, 2012 we sold our home -- in October, 2012 the buyers filed suit against us saying the home was structurally unsound and uninhabitable - but they remained in the home with their two young children.
I had a professional, licensed home inspection 18 months prior to putting the home on the market. I made every effort to correct the items that this home inspector suggested/flagged. Prior to the final sale the buyers had a different professional, licensed home inspection. The buyers asked that several small repairs be made on the outside of the home which were done. They signed off on the inspection and the sale was completed.
The home was build in late 1970's. We had owned the home for 26 years. The damage to the home that we are being sued over was not discovered by two home inspectors - only discovered when carpet was pulled up by buyers. Is it reasonable to think that the buyers have cause for suit? They are requesting a jury trial and there has been no discussion/request for settlement of damages. Is there no protection for a home seller??
We have a lawyer but I would like another opinion. All advice/suggestions will be greatly appreciated.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The seller of real estate is only required to disclose defects of which he is aware, or which he should have been aware had he used reasonable diligence. If you used two inspectors that failed to see the problem, that tends to suggest that you used reasonable diligence. If the buyer does not have any evidence that you had actual knowledge of the problems, then you should not be liable for the problems they have discovered. The only exception would be if you affirmatively stated that you knew there weren't any structural issues and that turned out to be untrue.

You may want to call the inspector as a witness, if he inspected the structure and didn't find any reason to believe that it was unsound. You could also talk to your lawyer about whether there is any benefit to you to trying to settle the issue to avoid a trial.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

I do not understand what you mean when you wrote -- "The only exception would be if you affirmatively stated that you knew there weren't any structural issues and that turned out to be untrue."

I did state that to my knowledge there were no structural issues with the house other than ones that were repaired as requested by the first home inspector and this information was given to the buyer before the sale. your statement makes no sense to me -

If you said "We had the living room checked and know for a fact that there are no structural issues!" and you really didn't check (or you checked and found something), that's misrepresentation.

If you checked and fixed everything that you found, and you have reports and evidence that all known issues were fixed, that's not misrepresentation.
Customer: replied 3 years ago.

If two home inspectors did not find any structural or environmental issues in our home are we responsible for damage found after the sale?



Probably not, no.

Again, they would need some evidence that you actually knew about it, and the fact that two inspectors missed it tends to suggest that you didn't.
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