Buyer requesting money for insulating walls after she purchased my home

UPDATED: Oct 1, 2022

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Buyer requesting money for insulating walls after she purchased my home

I divulged my home had insulation. Apparently not every wall had insulation and the
buyers inspector did not find that. After purchasing the home from me she paid
6000 to have complete and new insulation put in. She wants me to pay but I don’t
believe I am liable. Am I ?

Asked on January 30, 2018 under Real Estate Law, Rhode Island


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are liable IF you knew about the insulation but, despite knowing of it, failed to disclose that fact; failing to disclose a known issue (particularly one like this, that could not be reasonably located or discovered, since the buyer and his/her inspector are not going to tear open walls to check) is fraud. In this case, you'd have to pay for the insulation--at least if she sued you, so you might want to voluntarily work it out with her without the need for litigation.
However, if you did not know, you are not liable; fraud is based on the knowing or intentional nondisclosure or misrepresentation of information. So if you did not know about the insulation, you are not liable and do not have to pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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