Can a buyer demand payment for repairs 1 year after purchase even though an inspection was done?

UPDATED: Oct 1, 2022

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Can a buyer demand payment for repairs 1 year after purchase even though an inspection was done?

I sold my house 12 months ago. The buyer had a full inspection completed and we agreed to a $5000 concession for the cost of a new air conditioning unit. No other major issues were raised from the inspection. Recently, the buyer contacted me saying that they were going after $4000-

$5000 from me for repairs to a sump pump and related plumbing. They are claiming this is due to not disclosing work done on the system that was not

Asked on September 11, 2017 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The could only reasonably get the money you (i.e. reasonably likely win if they sue you) if both of the following conditions were met:
1) You knew, or reasonably/logically *must* have known (essentially any homeowner in your position would have known) of the problem, but despite knowing of it, failed to disclose it; the knowing or intentional nondisclosure of a material or important issue is fraud.
2) The problem is not one typically found during an inspection--if it is the sort of thing an inspection would find, then by buying the house after an inspection, they bought it with all issues/problems/etc. reasonably discoverable during inspection. But if an inspection would not typically find this issue, then it was a hidden or latent one and they can seek compensation for it when it is belatedly found at a later date. Something not findable during inspection is not waived by buying after an inspection.

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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