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02-23-2011, 09:42 AM #1
Renter
- Join Date
- Feb 2011
- Posts
- 1
Un-freaking real man
Hi everyone,
I need some advice for a situation I just found out I am in.
Quick background.
We sold our home on Dec 1X, 2010
Buyers looked at home 2 times before buying, and passed on a home inspection but did have to have a partial inspection due to the state home buying program they were using. Everything was fine no fixes required, sold home Dec 17, 2010, no home warranty.
Dec 2X
My wife gets a facebook message from the guy who lives with the lady that bought our home, they were friends in high school. He asks a few questions among them if we had any window condensation when we lived there.
My wife replies in a long detailed message, I'll paraphrase but still be quoting her statements... "Yes we has some window condensation, but we found that opening the blinds during the day helped out, and we never had more than just some around the outer edges of the windows." Never indicating we had a huge problem with condenstation. Some communication with him after that but not related to any condensation or mositure issues.
Feb 23 2011
I get a call from my real estate agent. She says that the buyer is wanting us to pay for
problems they were having with mositure in the home. I get an email of a "re-inspection" done by the orginal inpsector stating that the home does not have metal heating ducts, the heat goes though a concrete open path in the slab and that he recommended the problem be looked at by a licensed HVAC professional." Also attached to the email I got was an HVAC quote for $2700 to redo the duct work in the home. I was informed by my agent and the broker at the office that we would be getting a letter from the buyer soon. They were not sure what it contains but wanted to let us know.
We filled out the home sale disclosure in a truthful manner and to the best of our knowledge. In the section that asks about mositure and or water problems we checked no. We had never had more than understandable condenstation issue on the windows in the winter time. Obviously because they are older single pane windows that we never ever claimed were new, and we had insulated the home thus making it more air tight.
My understanding is now that 2 months later these buyers are going to want us to foot all or part of their $2700 bill. I can't see how they have a case. Single pane windows will get condensation and thats all we ever had in terms of mositure. In fact a quote from the "re-inspection" can prove that there was not a history of exssive mositure before "the baseboard which were wet from condensation and the wood was BEGINNING to show signs of mositure damage." If it was a long standing problem then wouldn't the wood not be just beginning to show signs of damage but actually be damaged?
My opinion and my agent and her broker is that bad on the buyer for not getting a full home inspection done, and bad on the inspector that did the state program required home inspection for not catching this the first time. They approved the home sale, these issues were not like this when we sold the home. No case, right?
Facts - Single pane windows get cold, warm goes to cold. Warm air contains mositure, thus creates condensation on cold surfaces. Windows were never claimed to be new. No home warranty given. Inspector for state home buying program gave thumbs up for sale with no question marks. Buyers passed on any full home inspection. Buyers approved of home at final walk though on Dec 17th. In all honesty, strike me dead now if I'm lying we never had any excessive issues like they are encountering, so the disclosure was filled out truthfully.
Very little to go on for them right?
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05-01-2011, 05:03 AM #2
Fixer Upper
- Join Date
- Apr 2011
- Posts
- 18
condensation
I'm a real estate lawyer in Texas, and state laws vary. Not sure of what your documents say. But from what I'm expecting:
You have not guarantied that the home you sold is perfect in every way. This sort of thing drives me crazy too. It's like people who buy used cars and expect them to be like a new one.
I doubt they have any solid legal standing to require you to pay from what you are saying. I expect the real estate agent is asking you to pay in hopes of making the buyers happy and not having them sue her.
If push comes to shove you may need to talk to a local lawyer to get a definitive answer.
Last edited by Chief Tutor; 05-02-2011 at 12:34 PM.



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