Who is responsible for damages?
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Who is responsible for damages?
Our buyers waived the home inspection after we disclosed what we knew was wrong and had some issues fixed. They are now coming back saying there are issues with the home and want us to pay. Who is responsible? They decided not to do the home inspection after receiving our disclosure agreement.
Asked on March 4, 2018 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless one or both of the following happened--and based on what you write, it appears that neither did--they have no right to payment or compensation from you:
1) You committed fraud, by failing to disclose some "latent," or not-readily apparent, issue or problem; or
2) There was some "inspection contingency" of some kind in the contract of sale, requiring you to fix issue identified in the home inspection and they did not waive having an inspection.
Otherwise, any problems they discover will be their problem, not yours.
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