Can a buyer demand payment for repairs 1 year after purchase even though an inspection was done?
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Can a buyer demand payment for repairs 1 year after purchase even though an inspection was done?
I sold my house 12 months ago. The buyer had a full inspection completed and we agreed to a $5000 concession for the cost of a new air conditioning unit. No other major issues were raised from the inspection. Recently, the buyer contacted me saying that they were going after $4000-
$5000 from me for repairs to a sump pump and related plumbing. They are claiming this is due to not disclosing work done on the system that was not
Asked on September 11, 2017 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The could only reasonably get the money you (i.e. reasonably likely win if they sue you) if both of the following conditions were met:
1) You knew, or reasonably/logically *must* have known (essentially any homeowner in your position would have known) of the problem, but despite knowing of it, failed to disclose it; the knowing or intentional nondisclosure of a material or important issue is fraud.
2) The problem is not one typically found during an inspection--if it is the sort of thing an inspection would find, then by buying the house after an inspection, they bought it with all issues/problems/etc. reasonably discoverable during inspection. But if an inspection would not typically find this issue, then it was a hidden or latent one and they can seek compensation for it when it is belatedly found at a later date. Something not findable during inspection is not waived by buying after an inspection.
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