Legal Question in Real Estate Law in California
Sold property, now a lawsuot?
I have sold my house two years ago. Now my realtor came back to me, telling me the buyers are trying to sell the house and are trying to sue me, since the septic tank broke down. I did disclose in the original sale a printout from the city, warning the new buyers of problems in the past. The realtor is demanding more money or he will tell the buyers to sue me directly. Am I responsible at this point or the realtor that handled the sale?
2 Answers from Attorneys
Re: Sold property, now a lawsuot?
Being sued is not the same as establishing responsibility.
That is, the buyers could sue you and your real estate
agent, but neither of you might be responsible. If
you disclosed the problem, you probably are not liable,
but that doesn't mean you can't be sued. It means only
that, if you are sued, you should win. You should first tender
the case to your insurance company, if you have one. If your
insurance company doesn't agree to defend you, you
should consult with and pay for an attorney's advice
regarding your particular circumstances.
Re: Sold property, now a lawsuot?
Before you do anything contact both the companies that supplied your homeowners insurance at the time the placve was sold and the company that supplies your current policy and see if this claim is covered. If it is, let them handle it.
Paying ANY money to the R.E. agent will not protect you from a lawsuit.
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