Can we be sued in another state 8 months after sale?

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Can we be sued in another state 8 months after sale?

We sold our home 9 months ago and moved out of state. We just got a letter from the buyer claiming we lied on the condition report. While painting and replacing molding she found mold on the wall, started tearing things out and found rotted wood. Buyer says we should have disclosed plumbing problem on condition report. We remodelled the bathroom on the other side of this wall in 5 years ago and all plumbing worked fine as her home inspector also stated. If we never took the steps she did, how could we have known what was behind the molding?

Asked on October 25, 2011 under Real Estate Law, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, if you closed escrow on the sale of your property you can be sued in the state you presently live in concerning the transaction for damages by the new buyer. From what you have written, it seems as though the buyer of your former home is claiming that you failed to disclose known problems with the sold property.

I recommend that you consult with an experienced real estate attorney about the claims against you by the buyer. Likewise, you should also consult with the real estate agent (assuming you had one) who represented you in the sale of the property about the buyer's claims as well. I would start get the paperwork from the prior remodel to asisst you in defending against the buyer's claims.

Good luck.


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