Expert: Dick Dennis - 11/29/2006

Question
hello,
i sold a home a few days ago in philadelphia. after the sale, the buyers found a problem with a water heater that would cost almost $600 to correct. the buyer's agent had evaluated the item and stated that it was 13 years old and in good condition. now, the buyers are demanding that i pay for the repair. i think it is their responsibility. i had no idea there was a problem with the water heater and in good faith provided a disclosure stating so. their inspector thought it was fine. should i have to pay?
additionally, the buyers agent called me today and told me that if i did not pay, they would proceed with suing me. is she being ethical? can she do that?
my (buyer's) agent recommends that i offer to pay for half, to be nice. what should i do?
thank you

Answer
I would call back the buyers' agent and say that since the buyer's inspector found nothing wrong with the water heater, I do not feel I have to pay for a new water heater. And if they want to sue, go right ahead.

The small claims judge is going to see that the inspector and the agent said the water heater is in proper working condition. However, to be a good guy I would offer to pay for half but before I do that, I would have the buyer sign a document that states that they agree to not claim any additional repairs to be done. Have the agent draw that additional document up. Also be sure you get a copy of the bill and installation before you pay it.

Otherwise, let them sue. I think the judge would be on your side based on what you have stated. I do wish you well.

Dick Dennis