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Existing home selling / sold question

Posted on 4/1/24 at 6:57 pm
Posted by Triggerr
Member since Jul 2013
1891 posts
Posted on 4/1/24 at 6:57 pm
Long story, I took a house in trade from an ex business partner as a way to wrap up our dealings etc. The house was an older house that had been remodeled a few years prior. House was nice enough etc, I put it on the market and sold it. Went through a relator, used the standard LOUISIANA RESIDENTIAL AGREEMENT TO BUY OR SELL purchase agreement. The buyer had their due diligence period, home inspection etc. Came back with some minor things we repaired. Sale closes and everything is fine. 14 months later, last week I get a letter from an attorney for the buyer stating the ridge vents on the roof aren’t properly installed, roof has some issues and about 5 other things that are non structural etc. It’s my understanding that the “as is where is” and “inspection/ due diligence” section of the purchase agreement protects me on this. Anyone have experience with this?
Posted by Grassy1
Member since Oct 2009
6253 posts
Posted on 4/1/24 at 7:40 pm to
I have no opinion on this, and am interested to hear how it turns out for you.

The last closing that I sat in on, I was selling a house, and just kind of sat back and listened as the closing attorney went through the docs as the buyers signed each page. It seemed like the the doc was a dozen pages long and pretty much stated on every page in yet a different way on every page, that this was an "as is" agreement.

Wishing best of luck, and I hope you'll keep us informed how it works out.

Posted by ruzil
Baton Rouge
Member since Feb 2012
16899 posts
Posted on 4/1/24 at 8:17 pm to
Sounds like their home inspector is on the hook for not finding these issues.
Posted by LEASTBAY
Member since Aug 2007
14284 posts
Posted on 4/1/24 at 8:19 pm to
I seriously doubt you have anything to worry about. Could you imagine if things worked like this?
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16456 posts
Posted on 4/1/24 at 8:23 pm to
Was the sale “as is”? If so, they can kick rocks. I’m curious as to if anything else is going on bc why else would an attorney even get involved on what would normally be a loser for him/her.

The only thing I can think of is that if these ridge vents were repaired as part of the repairs requested during the inspection period then they might have a case. Personally this is why I never repair anything they ask for and just offer cash instead. Bc the repairs will never be done to their satisfaction and will be a never ending headache.
This post was edited on 4/1/24 at 8:45 pm
Posted by ItzMe1972
Member since Dec 2013
9796 posts
Posted on 4/1/24 at 9:26 pm to
The "standard" agreement likely says "as is." But you should check to find out. That's a good starting point.

What is the attorney requesting?
Posted by Turnblad85
Member since Sep 2022
1172 posts
Posted on 4/1/24 at 9:52 pm to
It could just be a "friend" lawyer who just sent a letter for them owners in hopes you might be scared into offering up a few $k to smooth things over. Maybe?

Those issues sure don't sound worthy of hiring a lawyer over.

Tbh,
quote:

I took a house in trade from an ex business partner as a way to wrap up our dealings etc. The house was an older house that had been remodeled a few years prior.
this def sounds like it could be a house that could have issues though
Posted by LSUDad
Still on the move
Member since May 2004
58733 posts
Posted on 4/1/24 at 11:10 pm to
If they payed for an inspector, did they give you a copy of his findings? Most times, they will give you a copy. Some, will copy the page where the item they want repaired. My good friend is a home inspector, if I get time tomorrow, I’ll see what I can find out.

A good friend asked me to meet him and the inspector at a house his daughter was buying. I caught more stuff than the paid inspector.
But then again, I use to build and flip houses.
Posted by Tigers4Lyfe
Member since Nov 2010
4481 posts
Posted on 4/2/24 at 8:43 am to
quote:

Sounds like their home inspector is on the hook for not finding these issues.
Would almost guarantee the inspector won't be on the hook for a thing.

He would have signed something along the lines of a hold harmless agreement with the inspector.

An inspector isn't a know all be all.
Posted by BilbeauTBaggins
probably stuck in traffic
Member since May 2021
4381 posts
Posted on 4/2/24 at 9:08 am to
quote:

Would almost guarantee the inspector won't be on the hook for a thing.

He would have signed something along the lines of a hold harmless agreement with the inspector.

An inspector isn't a know all be all.

From my understanding, if the inspector found things, and the requested repairs were done, you should be fine. If they were found to be detrimental to the home, most certainly the buyer should request that the repairs be done before the sale. If they were non-issues as OP stated and the buyer essentially says "we're okay with those minor issues" then that's on the buyer.

quote:

Came back with some minor things we repaired. Sale closes and everything is fine.

Everything was agreed to when the purchase and sale was done. If the buyer didn't do any extra inspections after the work had be done, then that's on them, regardless of whether or not the repairs were actually done. Clearly the buyer didn't do their "due diligence" if they missed a repair.

Also, if something happens to not work later on down the road, it seems like a standard issue for any home buyer. If they didn't think the repairs were adequate enough, they should've refused to buy the house.

Sounds like this person got an attorney who happens to be a friend and is trying to bully you into free work.
This post was edited on 4/2/24 at 9:11 am
Posted by bbvdd
Memphis, TN
Member since Jun 2009
24977 posts
Posted on 4/2/24 at 12:55 pm to
My mother sold her house several years ago. Inspector came and we fixed what he said to fix.

Turns out that there was a leak that had rotted some of the floor that none of us knew about and the inspector missed it.

The inspector's insurance was on the hook for the repairs, not my mom.

This was in MS.
Posted by Tigers4Lyfe
Member since Nov 2010
4481 posts
Posted on 4/2/24 at 2:39 pm to
quote:

The inspector's insurance was on the hook for the repairs, not my mom.
There may be some that operate with that kind of guarantee but not all.
Posted by Turnblad85
Member since Sep 2022
1172 posts
Posted on 4/2/24 at 4:51 pm to
quote:

The inspector's insurance was on the hook for the repairs,


Thats the first I've ever heard of them being responsible and actually making repairs. Usually they have so many exceptions that they can get out of anything. ie, if the water damage is behind or under something and not visible, then he's not liable.

I would think the insurance premium for your mom's inspector must be quite high.
Posted by Triggerr
Member since Jul 2013
1891 posts
Posted on 4/2/24 at 10:42 pm to
Against advise of my attorney I picked up the phone and called this guys attorney today. Turns out the guy is a complete clown. I knew more about the wording in the purchase agreement and act of cash sale from the crash course I have put myself through in the last few days than this guy appeared to. Looks like it should go away pretty soon
Posted by Gorilla Ball
Member since Feb 2006
11658 posts
Posted on 4/3/24 at 8:47 am to
Did they have an inspection performed? I think they only have one year from the act of sale.
Posted by Gorilla Ball
Member since Feb 2006
11658 posts
Posted on 4/3/24 at 8:49 am to
Some inspectors carry E and O insurance but they can’t be liable for anything unseen or behind walls etc
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