What is the seller’s liability for problems that could arise resulting from repairs made to enable the house to pass a termite inspection?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the seller’s liability for problems that could arise resulting from repairs made to enable the house to pass a termite inspection?
My brother and I sold our mother’s house (1931). Due to its age, it required many repairs in order to pass a termite inspection. One issue came up – that of repairing and replacing or removing a small overhang over an unused outside door. We chose not to fix it and notified the buyers. They agreed. The sale closed 4 months ago. Now they want $1300 to replace it because water might come in the door and cause damage. There is no existing damage. Are we liable?
Asked on October 26, 2011 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, the buyers of the property that you have written about knew that it was an eighty (80) year old plus home and that repairs were needed.
The overhang issue came up before close of escrow and the buyers were advised that you were not going to make any repairs to it. They agreed and closed escrow without making any demands for repairs to the overhang.
The interesting part of your question is that there is apparently nothing structurally wrong with the overhang.
I see no responsibility from what you have written to make any payment to the buyers regarding the overhang.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.