If we sold our house and now the buyers are asking us to pay to repair ductwork and treat a rat infestation in the attic, are we obligated to pay?

UPDATED: Aug 14, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 14, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If we sold our house and now the buyers are asking us to pay to repair ductwork and treat a rat infestation in the attic, are we obligated to pay?

We sold our house about 4 months ago. Several weeks later we were contacted by our real estate agent because the buyer’s have a rat infestation and ductwork in the attic was eaten through. They are asking us to pay for the damage. In the disclosure form we stated “Yes” to the boxes about rodents and pests and listed companies we used to treat them and on-going maintenance. When asked for details we sent an email to our agent stating there were rodent droppings in the attic, but never in the house. As part of ongoing maintenance we set a few traps on occasion and sprayed foam into possible entry points.

Asked on August 14, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In California, sellers of real property are required to disclose in the transfer disclosure statement and its supplement all items that they know would materially affect the price that a willing buyer would pay for the property or its desirability.

From what you have written, it apears that you made proper disclosures in the the required transfer disclosure statement of the very problems that the new owners are complaining about and that they received, signed and dated this disclosure before close of escrow.

Since it seems that the proper disclosures were made by you before escrow's close to the buyers, you should not be obligated to pay for the elimination of rodents. If the buyers had their own third party inspectors who missed damaged ductwork before escrow's close and you knew nothing about this damage, you should not be obligated for this repair as well.

Good luck.

 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption