Sold Home back in Sept 2017. Seller is now asking me to pay for repair work after complaining of mold.
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Sold Home back in Sept 2017. Seller is now asking me to pay for repair work after complaining of mold.
I sold my home back in September 2017 and had the bathroom remodeled by a
contractor with permits. This past week the seller has contacted me complaining
of mold in the walls and wants me to pay for repair work.
I was not aware of any damage or mold prior to selling and stated that in my
disclosure forms.
Am I liable to pay for this? I would like to know what my legal obligations are
as I don’t feel I should be liable for this after the fact.
Thank you for your time suggestions in this matter.
Asked on April 9, 2018 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are only liable in the following two circumstances:
1) You provided some sort of warranty or guaranty.
2) You knew about the mold and lied about it (including by lying by omission, or failing to disclose), which would be fraud.
Of course, if he thinks--even incorrectly--that you knew about the mold and lied about it, he may try to sue you; but he will only be able to win if he can prove in court that you did know or logically (given the circumstances and facts) *must* have known.
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