You are here:
- Home
- Real Estate
- Home Buying/Selling
- Buying or Selling a Home
- Being sued for problems with retaining wall
Buying or Selling a Home/Being sued for problems with retaining wall
Advertisement
Question
We sold a house a year ago and have just recently been served papers that the new owner is suing us for failure to disclose repairs needed on the retaining wall. The house was built in '83 and the retaining wall is original to the home. We lived there 7 years and never had any problems, repairs or anyone look at the wall. So to our knowledge there were no problems, it was just an older wall and some of the railroad ties had shifted. How do I go about fighting this and how could she possibly win this case?? Wouldn't she have to prove that we knew there was a problem? She had an inspection, but I don't think they inspected the wall, isn't it her responsibility to have that done? Thanks in advance for any help you can give.
First thing I must say is GET WITH AN ATTORNEY A.S.A.P! Even if you've been served to appear in Small Claims Court-- where you typically CAN"T have an Attorney address the Court for you--you need
legal advice, opinion & guidance on this matter!
As I'm NOT an Attorney at Law, for me to give you legal advice, opinion or guidance would involve my practicing Law without a License.But I can give you "FYI";
As the Plaintiff, I think, she has the burden of poof--that is she would need to prove that you knew about a problem with the retaining wall and purposefully failed to disclose this to you!
Existing Homes are typically Sold "As Is," with the Buyer & Seller often negotiating and agreeing to repair SOME things based upon the Appraisal Report,the Full Disclosure Form and/or the Home Inspectors Report.
That all said, again...see a Local Lawyer, one who specializes in Real Estate Law. Let him/her help you with this case.I don't think you can lose--unless it costs you more to fight this than it does to just come to some agreement with these A@@%0le@ !
--JIM
P,S. If you can't afford an Attorney, contact you local legal Assistance Group or the State Bar Association and you should be able to get "Pro Bono ," Free help!
Related Articles
Answers by Expert:
- Dick Dennis
- Jessica Bryan
- liznarr
- Hans Weber, Licensed Broker Associate
- Sue Bernstein
- Karyn Foley
- Dottie Worthington
- Jim Root
- Russel Ray
- Connie Wildasinn-Broker,GRI,RealtorŪ
- Todd C. Menard
- Diann Tonnesen
- John Hendricks
- Jay Denit
- Matt Heisler
- Lisa Webber
- John
- Laurie Stephenson
- Marvin G. Bobbitt, III
- Nori J. Muster
- Sharon Huneycutt, Realtor, Associate Broker, GRI, e-PRO
- CJ Brasiel
- Jeff Kessler
- Kathryn Hisert
- Emily
- Ted Lewis
- Kerrin Kostelic, FL Broker Associate, GRI, AHWD
- Tim Norris
Jim Root
Expertise
How to select the right Real Estate Salesperson & Loan Officer--ones who will serve your best interests! House-hunting tips & suggestions on selection of the home best for your family needs. Introduction to the Home Buying Process & all the "Players" involved.What is of utmost important to the Homebuyer? Real Estate Contracts & Negotiations, Appraisal needs, Title Co. involvement, Home Inspection issues& the Closing/Escrow systems, etc. Whatever your question, the answer will follow, whether from personal knowledge or research! Gale, shown here with me, has been a Real Estate Office Administrator, licensed Realtor & has served as my Research Assistant over the years!
Experience
Over 30 years as a "Real Estate Professional." including Real Estate Marketing & Sales, Appraisal work, Mortgage Banking & as a Realty Officer with U.S Dept. of HUD's FHA Homeownership Division in Alaska, Washington & Idaho! Some experience in Montana, California, Utah & Nevada markets!Knowledge of National Markets by continuous Research!
Organizations
Former member of Nat'l Ass'n of Realtors (NAR) & Mortgage Bankers Ass'n of America (MBAA). Currently with National Association of Review Appraisers & Mortgage Underwriters (NARA/MU).
Publications
Published in various local, state, regional & national Real Estate-related magazines & newsletters!Co-author of various Govt. publications on Homeownership, Appraisals & Mortgages while with HUD/FHA.
Education/Credentials
Associate Degree in Real Estate Studies plus:
Numerous Real Estate-related Courses conducted by the U. S. Government & Private Industry over the past 30 years.
Bachelors Degree in Mass Communications,
Masters Degree in Education/Teaching
Awards and Honors
Professional Designations: Certified Residential Originator (CRO) from MBAA, Registered Mortgage Underwiter (RMU) & Certified Review Appraiser (CRA) from NARA/MU. Outstanding Peformance Awards for 10 of the 12 years with HUD/FHA & numerous Sales/Listing Awards while a licensed Real Estate Agent.
Past/Present Clients
No longer selling/listing Real Estate, nor Appraising properties, nor working in the Mortgage business, this "Real Estate Pro" serves as Director of a Company that provides Professional Development Seminars & Workshops to the "Real Estate Industry" and provides free (as needed) & fee-paid (on a sliding scale) consulting & inspection services to members of the general public.Your questions will be answered without "salesmanship" & with your best interests in mind!
©2012 About.com, a part of The New York Times Company. All rights reserved.