QUESTION
What am I responsible for if anything if the log home we sold in May is now leaking?
Asked on Nov 19th, 2014 on Residential Real Estate - Colorado
More details to this question:
The home is ten years old. It was stated in the seller disclosure that small leaks have occurred from time to time and have been repaired when they occurred. Now the buyer s are contacting us, only through email telling us that the house has "major" leaks and they've suffered damages and missed work and had structural engineers out to look at the house. They only want to communicate through email. Can they sue us? As additional information, log homes leak. They are commonly known for this. As the logs settled and twist and expand and contract with moisture and temperature small holes open up. This is fairly common. As this happens, you repair it. It's a living structure. There are inspectors that specialize in Log Structures however the buyer did not pay for one. Only a normal home inspector.
1 ANSWER
3 Awards
They can sue you. You should consult an attorney ASAP.
The issue here is can the buyer prove that you withheld knowledge of a known material defect? From your facts you disclosed the leak, so the buyer completed the purchase with knowledge and you therefore should have a viable defense. But, the buyer is likely to bring a suit for many thousands of dollars and you'll have to defend it. You may be better off hiring an attorney to stop this process before litigation is commenced.
Buyer's who discover major expenses after the purchase generally are anxious to sue someone, i.e. the seller to cover the costs of these repairs.
Good Luck!
Answered on Nov 19th, 2014 at 2:33 PM
Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.