Legal Question in Real Estate Law in Florida

After closing, new owners keep calling

I sold and closed on a home in Palm Harbor FL on 07/09/01. The new owners called me on 07/23/01 complaining of an alleged leak in the above ground pool. Long story short, when we closed the pool was in excellent condition with no leaks. I had the complete property inspected before listing and no pool leaks were reported. The new owners want me to replace the liner. What, if anything, should I do to address their concerns?

Thanks in advance for any advice you can offer.


Asked on 8/01/01, 2:52 pm

2 Answers from Attorneys

Joel Cohen Joel M. Cohen,P.A.

Re: After closing, new owners keep calling

Assuming you made no warranties, and know of no leak, you owe them nothing. To approach it delicately, give them the inspection report and refer them to the inspector. If they persist, perhaps you can offer them a cash setlement in exchange for any claim (full release) they may have...think of it as a one-time premium for an insurance policy never to have to see a courtroom about this sale.

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Answered on 8/01/01, 6:37 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: After closing, new owners keep calling

If you sold the home in "as is" condition with no warranties of any kind, and you were not aware of any pool leaks, then you owe the sellers absolutely nothing. As a courtesy to the buyers, provide them with any written inspection reports that reflect that no leaks were found, and then tell them to have a nice day. Seek the advice of counsel if the buyers decide to file any sort of action against you, and good luck.

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Answered on 8/06/01, 4:23 pm


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