Am I liable if issues arise with a home that I sold if I was not aware of any issues?
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Am I liable if issues arise with a home that I sold if I was not aware of any issues?
The person who purchased my home is trying to hold me accountable for issues
that I was not aware of when I sold my home. The deal closed 6 months ago. The buyer has started contacting contractors who had worked on the home and asking them for more details on work they completed. Will I be liable?
Asked on June 13, 2018 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The issue is whether you were aware of the problems or not--or even if you were not in fact aware, if you *should* have been (i.e. any reasonable homeowner in your shoes would have known of the problems). If they can prove that you did or logically should have had knowledge but nonetheless failed to disclose them, they can hold you liable based on "fraud" (that is, on a knowing misrepresentation). For example, say there is a problem with water infiltration in a basement: you say that you did not know of such, but if a contractor you'd hired says that he had told you about water stains or damage he found in the basement, that would be evidence that you did in fact know, and therefore may be liable.
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