Buyer requesting money for insulating walls after she purchased my home

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Buyer requesting money for insulating walls after she purchased my home

I divulged my home had insulation. Apparently not every wall had insulation and the
buyers inspector did not find that. After purchasing the home from me she paid
6000 to have complete and new insulation put in. She wants me to pay but I don’t
believe I am liable. Am I ?

Asked on January 30, 2018 under Real Estate Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are liable IF you knew about the insulation but, despite knowing of it, failed to disclose that fact; failing to disclose a known issue (particularly one like this, that could not be reasonably located or discovered, since the buyer and his/her inspector are not going to tear open walls to check) is fraud. In this case, you'd have to pay for the insulation--at least if she sued you, so you might want to voluntarily work it out with her without the need for litigation.
However, if you did not know, you are not liable; fraud is based on the knowing or intentional nondisclosure or misrepresentation of information. So if you did not know about the insulation, you are not liable and do not have to pay.


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