In a Land Contract, is the seller responsible for repairs in MN after the closing that the seller did not know about?
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In a Land Contract, is the seller responsible for repairs in MN after the closing that the seller did not know about?
I am a seller in a land contract in MN where the purchaser waived the Home Inspection and the day after we closed came to me and is stating that there was water damage overnight and water came in windows and walls. There was never a prior issue and they are now asking for all repairs to be paid by me. I am out of state so I am unable to view the damage myself. I need to know my rights and responsibilities as a seller. thank you
Asked on November 14, 2017 under Real Estate Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It depends on whether you knew of the issue or damage but failed to disclose it--if you did, that would be fraud and you'd be responsible for the cost (or theoretically, they could have used it as grounds to not go forward with the transaction or potentially void the transaction after the fact). That does not appear to be the case here. After closing, only fraud (concealed damage or problems) would provide a basis for recovering compensation (unless there was some term in the contract in which you'd agreed to pay for this--if so, they could enforce the contract against you). So if you did not have any knowledge of a problem, that would not be your responsibility.
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