If I recently sold a house that I inherited, can I be sued by the buyer for a roof leak even though her inspectors passed the home and it was sold as is?

UPDATED: Sep 30, 2022

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If I recently sold a house that I inherited, can I be sued by the buyer for a roof leak even though her inspectors passed the home and it was sold as is?

My realtor made up a contract for the house to be sold as is because I knew nothing of the home. When I inherited the house I did have the roof replaced. We recently received over a foot of rain, the realtor called and said the roof leaked and the lady that bought the home is going to file a lawsuit. I tried to contact the man who replaced the roof but he is no longer in business. I have no warranty or proof it was replaced 2 years ago besides my bank record showing a check cashed by his business for a roof replacement. She had the house inspected and all of the inspections she asked for passed.

Asked on December 29, 2015 under Real Estate Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the house was inspected and she bought the house "as is" after inspection, she cannot sue you--or more accurately, she cannot *successfully* sue you, since it's almost impossible to stop someone from filing a lawsuit in the first place--unless she can show:
1) that the defect in the roof was latent, or hidden, and so could not be found by an inspector or by a buyer during her walkthrough or other viewing(s) of the home; and 
2) you knew, or reasonably must have known, of the defect but knowing of it, concealed it (fraud)--a seller is not liable for problems he/she did not know of, unless he/she gave an actual warranty or guranty on the home.

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