If we recently sold our house with a newly installedshower and there is now a problem with it, are we legally responsible for the cost of the repair?

The shower we put in was done professionally. We used the shower and there were no issues. A month later the buyer comes to us to say that a nut in the drain assembly broke and now it is not draining correctly. New homeowners are trying to sue.They are claiming it never worked and we are responsible for the repair. Are we?

Asked on July 23, 2010 under Real Estate Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you did not offer the homebuyers some warranty or guarantee, then your liability would only be for problems which you knew, or reasonably should have known, about and yet either did not disclose at all or actively misrepresented. Under the situation you describe, where you  had every reason to think that the shower worked (it worked for you; professionally installed), you would not seem to have liability. However, if you are sued, you will need to take it seriously and defend yourselves; failure to answer a complaint, for example, or to show up for appearances can lead to losing by default. So even if you had no knowledge of any problems and would ordinarily expect to not be liable, if sued, you will have to respond.

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