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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption