Thanks for the info. That was always my understanding. There was a home inspection done during the selling process, and repairs were made based on the results at that time. The new owner has occupied the residence for nearly a year, and has done a lot of remodeling. Recently, she sent a letter through her attorney requesting reimbursement for repairs and service calls, even though there was a home warranty included in the transaction. She is also threatening to “cancel” the contract for nondisclosure of issues related to the well on the property. She had the well tested herself prior to close of escrow, and was provided with documentation as to the history, etc. Don’t really think she has any legal standing, but just want to confirm.
What is the seller’s responsiblity for repairs, etc. once the contract has closed and been occupied by the new owner for nearly a year? Is there any liabity for repairs or service calls when nothing was stipulated in the contract as to have been completed after closing?
Posted by John Merchant on August 24, 2007 at 17:06:08:
If you’ve done what REC said you’d do, then I’d say no further respons. on your part.
But I’d tell you not to talk to her beyond just saying that your lawyer has asked you to say nothing and to pass on any written communications from her to your lawyer.
This strategy would make her put anything in writing and she might be smart enough not to do that and she’d bother you no more.
I’ve seen this work in a number of different cases and it won’t cost you a thing…as, if you don’t talk to her you can’t be quoted and she’s most likely not going to want to be involving your lawyer.
Seller has no responsibility after closing. The inspection contingency at the beginning of the process is when that has to happen or its all over. Normally if you bail after that but before closing, the earnest money represents the total liquidated damages.