If we sold a house 11 years ago, can the buyer now sue us for damage that they claim we didn’t disclose to them?

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If we sold a house 11 years ago, can the buyer now sue us for damage that they claim we didn’t disclose to them?

Buyer threatening civil suit if we don’t reimburse $9,000 for repairs to front porch last year. He originally bought the house he noticed cracks around the support post but didn’t fix it until he got ready to sell. Workers found newspaper dated 14 years ago stuffed in the cracks and covered with mortar or spackle. So the buyer claims the newspaper proves we didn’t disclose damage when we sold the house to him. What are the chances he could win?

Asked on August 1, 2011 Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I hate to throw the ball back in your court but your purchase and sale agreement needs to be reviewed along with all the other documents that were made a part of the entire sale.  Did the buyers have an inspection done?  Did they waive the inspection? Is the damage considered material in that your failing to disclose it was actual fraud on your part?  Was the damage easily observed by him on inspection?  This is America and anyone can sue anyone else.  Whether or not they can sustain the suit is the issue.  At this point in time they may have a statute iof limitations problem.   But I would not take it lightly and I would have an attorney read the agreements for you.  Good luck.


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