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Question
We sold a home six years ago. The new owner now want to sue us because we did not have a disclosure statement informing him that a small addition to the back of the house was not a part of or properly affixed to the original foundation. Recently, He called me and asked me if I thought the addition was not a part of the foundation and I said no, that I didn't think it was. So he now claims that he has me on tape admitting that there was a problem and I was aware of it when I moved in ten years prior. When we sold the home, this buyer, now suing us, had the home fully inspected prior to agreeing to buy the home. We did not hide anything. The inspector made note of the foundation problem!
Help us please. Is this fraud? Are we going to have to pay for this. Are we going to have to hire legal assistance? Can they prove it!
Hey, Robert.
I don't know what state you're in, so I can't be too specific, as well as not being able to give you legal advice.
Generally, if you sold the home six years ago, the statute of limitations is probably up. However, also keep in mind that anyone can sue anybody for anything at any time. If it turns out to be a frivolous lawsuit, though, in many states there's a significant penalty on the abuser.
Additionally, in most, if not all, states, you have to inform someone that you are going to record the telephone conversation.
It also sounds like there was a home inspection report that was not read completely. That happens all the time.
I'd say things are on your side from what you're told me, but you also said that "this buyer, [is] now suiting us," so if that's the case, get to an attorney fast. Most attorneys give you a free 30-minute consultation, so find a good real estate attorney and take advantage of that.
Good luck.
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Russel Ray
Expertise
Through home inspections, I provide an education about real estate. I'm one of those rare home inspectors who has been involved in real estate in many different capacities: as a Realtor (in Texas), as a property investor/flipper, as a teacher, and as a marketing expert (for Realtors and home inspectors). I believe that my experience as a Realtor and property investor provides me with a different viewpoint about home inspections in that I work for my Clients, but when there are other people involved in helping my Clients, then I firmly believe in helping them, too. That includes Realtors (both the seller's and the buyer's), repair professionals (e.g., plumbers, electricians, etc.). If I can get all the players (seller, seller's Realtor, buyer, buyer's Realtor, and repair professionals) playing in the same sandbox together to accomplish goals as a TEAM (Together Everyone Accomplishes More), then I believe I have succeeded in my job as a home inspector. My profession is, in my opinion, much more than simply documenting the condition of a property and then take the money and run. I am also a rare breed in that I don't believe that one inspection fits the needs of all Clients, and I have led the industry in understanding that fact. For example, the goals of a property investor are far different than the goals of someone buying a property to live in. The goals of a seller (a pre-listing inspection) are far different than the goals of a buyer (a pre-purchase inspection). To that end, I offer 14 different types of inspections, e.g., STANDARD, LIST, RENTER, BASIC, MAINTENANCE, SPOT, and more. I believe in giving the benefit of the doubt to all professionals in whatever industry they represent until they prove me wrong.
Experience
Over 42 years in all aspects of real estate--building homes, renovating homes, inspecting homes, Realtor.
Organizations
National Association of Certified Home Inspector, Better Business Bureau of San Diego
Education/Credentials
Graduate of Texas A&M University; College Station, Texas
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