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People who bought our house is threatening to sue - need opinions

Q

QueHuong

Platinum Member
Here's the deal: We just sold our house recently and bought a new one. The people who bought our house had the inspector walk through...of course, that's before they actually bought the house - they found a lot of stuff that needs repaired; since it's a somewhat old house (about 25 years), my family agreed with the things the inspector said we should be liable for. We fixed as much of the stuff as we could, then we wrote a check for a little over $1000 to the new purchaser to pay for the other repairs that were out of our hands. Their inspector made a second and final walkthrough and everyone's happy so they bought the house. My dad had our real estate agent write up a contract/agreement that says that they've had their final walkthrough, that they are satisfied, and that they accept the house as-is. Both parties signed it, and our real estate agent was the witness. So we were happy: we sold our house, bought a pretty damn nice one.

Then just last week, we got a phone call from our real estate agent bearing the message that the purchaser had a minor flooding after a hard rainfall which soaked the basement carpet. They said they discovered molds and want us to pay $1000 to replace the carpet and fix the mold-problem. After much discussing within our family, we decided not to pay because we had that contract that said they accept the house as-is, that they had two walkthroughs by a professional inspector. So after we told our former real estate agent that no, we won't pay, the purchaser is threatening to bring us to court.

We didn't know there was a mold problem, nor did we try to hide anything. We cooperated with them fully on all repairs up to right before they bought the house (by fixing some of the problems ourselves and by writing a big fat check for $1000). Now that they've bought the house, we want us to fix what is now their problem, which would set us back another thousand. So with that signed agreement that they accept the house as-is, do they have a chance of winning?

Please....I know everyone on AT is an expert in all fields, but I would prefer responses from those who are experienced with this kind of situation.
 
Sounds kinda fishy. The purchasing party really should have had the inspector go through the house BEFORE they decided to commit to purchasing it, don't you think?

That's kinda like buying a used car from a stranger and THEN taking it to a mechanic to have it checked out for safety issues, wear and tear, etc, and then having the balls to go back to the seller and demanding them to take the car back, or at least pay for things that were there all along and not hidden.

As-is is as-is.
 
How long was the sale and the new complaint from the buyers? Isn't there a legal limit on that kind of thing once the sale is done. If you want to be a-holes about it, the 'as is" clauses in the contract should protect you right?
 
From what I remember from my business law class, if it's a problem neither the seller nor the purchaser know about before the transaction, the seller should be clear in terms of liability if a problem arises. Since their inspector didn't find it, and you weren't hiding the problem since you didn't know about it, and the fact that the contract states as is, you should win this case. Of course, I'm no lawyer, who is the person you should be asking instead of an internet message board.
 
I have indirect experience with something very similar to this. My brother sold his old house with an AS-IS contract after the house was inspected by the buyer's chosen company. After a few weeks, they claimed that there was some structural damage and wanted my brother to pay and threatened court action. I have a friend that is a lawyer and I hooked him up with my brother. My lawyer friend called the new buyers and after that we never heard a peep from them.

They signed an AS-IS contract. Case closed. They're just trying to milk you for some more money. You have no obligation to pay, and their case will never hold up in court
 
Originally posted by: MindStorm
Here's the deal: We just sold our house recently and bought a new one. The people who bought our house had the inspector walk through - they found a lot of stuff that needs repaired; since it's a somewhat old house, my family agreed with the things the inspector said we should be liable for. We fixed as much of the stuff as we could, then we wrote a check for a little over $1000 to the new purchaser to pay for the other repairs that were out of our hands. Their inspector made a second and final walkthrough and everyone's happy. My dad had our real estate agent write up a contract/agreement that says that they've had their final walkthrough, that they are satisfied, and that they accept the house as-is. Both parties signed it, and our real estate agent was the witness. So we were happy: we sold our house, bought a pretty damn nice one.

Then just last week, we got a phone call from our real estate agent bearing the message that the purchaser had a minor flooding after a hard rainfall which soaked the basement carpet. They said they discovered molds and want us to pay $1000 to replace the carpet and fix the mold-problem. After much discussing within our family, we decided not to pay because we had that contract that said they accept the house as-is, that they had two walkthroughs by a professional inspector. So after we told our former real estate agent that no, we won't pay, the purchaser is threatening to bring us to court.

We didn't know there was a mold problem, nor did we try to hide anything. We cooperated with them fully on all repairs up to right before they bought the house (by fixing some of the problems ourselves and by writing a big fat check for $1000). Now that they've bought the house, we want us to fix what is now their problem, which would set us back another thousand. So with that signed agreement that they accept the house as-is, do they have a chance of winning?

Please....I know everyone on AT is an expert in all fields, but I would prefer responses from those who are experienced with this kind of situation.
Click to expand...
You're going to need a real estate lawyer to guide you through this. I would tell them As- Is means just that. Their inspector was the one responsible for discovering any pre-existing conditions. Given that you were in full disclosure mode along with your rebate for repairs, I would say you have a pretty good out on this.
BUT, some jurisdictions are going after this mold stuff. Although, given the mold is in the basement, thats where molds grow anyway and the Home Inspector should've known and looked for this.
I say you re-direct back to the Home Inspector, where the real responsibility is.
< Just a contractor who has seen this sort of thing from the craftsman point of view and who has Mold allergies. So I'm always looking out for it.

 
Unless they could prove that there was an existing flooding problem that you (the seller) didn't disclose during escrow, and since you say they signed an 'as-is' contract, I'd say you're not on the hook for the incident.


edit: Dammit! Not one, but two replies with my point, while I was typing....🙁
 
It seems like you're in the clear. However, you should contact a lawyer immediately. Call one tomorrow.
 
Originally posted by: BillGates
Sounds kinda fishy. The purchasing party really should have had the inspector go through the house BEFORE they decided to commit to purchasing it, don't you think?

That's kinda like buying a used car from a stranger and THEN taking it to a mechanic to have it checked out for safety issues, wear and tear, etc, and then having the balls to go back to the seller and demanding them to take the car back, or at least pay for things that were there all along and not hidden.

As-is is as-is.
Click to expand...

LOL! I actually had this happen to me once when I sold a used car. Minor thermostate problem, but still, I had no idea since I hadn't driven it much in awhile so I didn't try to hide the fact as this idiot was suggesting.
 
Originally posted by: MindStorm
Here's the deal: We just sold our house recently and bought a new one. The people who bought our house had the inspector walk through - they found a lot of stuff that needs repaired; since it's a somewhat old house, my family agreed with the things the inspector said we should be liable for. We fixed as much of the stuff as we could, then we wrote a check for a little over $1000 to the new purchaser to pay for the other repairs that were out of our hands. Their inspector made a second and final walkthrough and everyone's happy. My dad had our real estate agent write up a contract/agreement that says that they've had their final walkthrough, that they are satisfied, and that they accept the house as-is. Both parties signed it, and our real estate agent was the witness. So we were happy: we sold our house, bought a pretty damn nice one.

Then just last week, we got a phone call from our real estate agent bearing the message that the purchaser had a minor flooding after a hard rainfall which soaked the basement carpet. They said they discovered molds and want us to pay $1000 to replace the carpet and fix the mold-problem. After much discussing within our family, we decided not to pay because we had that contract that said they accept the house as-is, that they had two walkthroughs by a professional inspector. So after we told our former real estate agent that no, we won't pay, the purchaser is threatening to bring us to court.

We didn't know there was a mold problem, nor did we try to hide anything. We cooperated with them fully on all repairs up to right before they bought the house (by fixing some of the problems ourselves and by writing a big fat check for $1000). Now that they've bought the house, we want us to fix what is now their problem, which would set us back another thousand. So with that signed agreement that they accept the house as-is, do they have a chance of winning?

Please....I know everyone on AT is an expert in all fields, but I would prefer responses from those who are experienced with this kind of situation.
Click to expand...


errr don't talk to ATOT...talk to a lawyer.

-Ed
 
I dont know about Ohio but in WV after 2 inspections by the inspector of thier choice and signing a contract that the said property was acceptable to them, you and your family should be safe. Its gonna be hard and expensive for them to get past the as-is clause in a contract.
Cheaper for them to fix the problem then to hire an attorney.


My family had a similar experiance a few years ago when we sold a house "hotwater tank sprung a leak and ruined the carpet in the basement" this happened about a month after the closing date and they expected us to replace the carpet and hotwater tank. They threatened to sue and that was the last we heard from them. My guess an attorney told them one of 2 things.
1. It was not our fault these things happen
2. It will cost more to hire me and purse damages than it would to simply fix the problem.
 
Originally posted by: jumpr
... However, you should contact a lawyer immediately. Call one tomorrow.
Click to expand...

this is "hire a lawyer, don't ask for ATOT opinions" material for sure
 
Eh, you don't need to hire a lawyer unless you're actually being sued. Just tell them you'll be more than happy to work it out in court if they so choose. As is = As is. You have no responsibility for it now, unless they find dead bodies in the walls.
 
You had a contract, they signed.

End of story. Work through it out of court, but you don't need to pay a dime. I wouldn't.
 
Maybe you sold your house to RossMAN and he's trying to get a few extra rebates out of you? Damn crooked Hot Deals folks, they exploit everybody they can!
 
There are hidden defects for which the seller is responsible. One primary example is termites.

AlienCraft put the nail on the head when he said:
BUT, some jurisdictions are going after this mold stuff. Although, given the mold is in the basement, thats where molds grow anyway and the Home Inspector should've known and looked for this. say you re-direct back to the Home Inspector, where the real responsibility is.
Click to expand...


If I recall correctly, Ed McMahon recently had a problem with mold and made a big stink in the media. Since it's now a "known" hidden defect, I submt that any Inspector worth his salt would look for it also.

But don't forget the primary advice of seeing an attorney.

Good luck. 😉
 
What kind of timeframe are we looking at anyway? If it's a month or more, the mold could have easily formed after the basement was flooded, especially if the buyers did not clean up the mess properly. Again, they'd be at fault.
 
in texas we have "killer mold" claims that have screwed over sellers and insurance companies and it turns out the only thing the mold does is cause people with mold allergies to have to take more claritin
 
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