QUESTION
Who is responsible for defects after the sale of a home is complete?
Asked on Apr 02nd, 2021 on Real Estate - Ohio
More details to this question:
We sold our home March 17th - two weeks after we got a very heavy rain which caused a puddle in the basement. The buyer is trying to make us pay for the repair and is stating we didn't disclose the issue. We lived there for three years and constantly had a dehumidifier running and we never had any issues with water. She had a home inspection completed and they never asked about anything regarding the basement walls or foundation. Is it our responsibility to pay for the repairs or is it on the buyer?
1 ANSWER
Asset Protection and Medicaid Planning Attorney serving Cuyahoga Falls, OH
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It may depend on the terms of the sale. Many real estate transactions are completed with the property "as-is." That would mean the buyer is responsible. You may get into arguments regarding whether the leak was a latent, or patent defect. Basically, if the buyer can prove you knew about the leak and tried to hide it, there may be ways to have you pay for the repairs. For a definitive answer, you will need to sit down with an attorney to review the facts in detail and advise you.
Best of luck.
Answered on Apr 28th, 2021 at 11:41 AM