What is the seller’s liability for problems that could arise resulting from repairs made to enable the house to pass a termite inspection?

UPDATED: Oct 26, 2011

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What is the seller’s liability for problems that could arise resulting from repairs made to enable the house to pass a termite inspection?

My brother and I sold our mother’s house (1931). Due to its age, it required many repairs in order to pass a termite inspection. One issue came up – that of repairing and replacing or removing a small overhang over an unused outside door. We chose not to fix it and notified the buyers. They agreed. The sale closed 4 months ago. Now they want $1300 to replace it because water might come in the door and cause damage. There is no existing damage. Are we liable?

Asked on October 26, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written, the buyers of the property that you have written about knew that it was an eighty (80) year old plus home and that repairs were needed.

The overhang issue came up before close of escrow and the buyers were advised that you were not going to make any repairs to it. They agreed and closed escrow without making any demands for repairs to the overhang.

The interesting part of your question is that there is apparently nothing structurally wrong with the overhang.

I see no responsibility from what you have written to make any payment to the buyers regarding the overhang.

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