Is it possible for my buyers to sue for repairs after closing?
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Is it possible for my buyers to sue for repairs after closing?
Buyers had an issue with a leaking air conditioning
system in attic causing water damage in sheet rock
and flooring..they state it was a clog in system
caused by repair we made prior to closing. Their was
no visible evidence of leakage after my repair nor
during their walkthrough prior to closing. They were
given 3000 as ‘repair costs’ in closing amendment.
She states it was a preexisting condition. There was
no way to know wether or not that ‘clog’ was caused
by my repair
Asked on June 16, 2016 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
They can only sue (or to be more accurate, only sue with a reasonable chance of winning--unforunately, almost anyone can file a suit at any time for any reason, even when it's a losing case, forcing you to respond) if you knew or reasonably (under the circumstances) must have known of a problem which existed pre-closing, which was not reasonably visible or obvious, but which you failed to disclose to them. In that case (a "latent" problem, not disclosed despite knowledge of it), you committed fraud, which provides a basis for the lawsuit.
But if you did not know and reasonably could not have known of the problem, you did nothing wrong, did not commit fraud, and are not liable.
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