Legal Question in Real Estate Law in Missouri

I recently sold my property about a month ago. The new owners have contacted me stating the A/C is leaking and has caused damage to the condo unit below them. They are also stating the damage may have been prior to them purchasing the property. First, I have not used the A/C since last summer and was not aware of any leaks. They had a home inspection completed and there was nothing stated in the inspection regarding a leak. Second, if there was damage prior to the sale I was not made aware by the owner of the unit below. Whom I spoke with on a regular basis and was aware the condo was being sold. The new owners are threatening to sue me for the damages they will have to pay to fix the damage due to the leaking A/C. Do I have any liability in this matter?


Asked on 6/16/10, 11:14 am

1 Answer from Attorneys
Anthony Smith LawSmith

It is impossible to say that you have no liability. But, if you disclosed all the defects taht you knew about, and the buyers hired their own inspector, then you will probably be able to defend yourself should they sue. If the unit did nto leak last year, then you may nto have any reason to knwo about a leak. This is even more true, where you made nto represntations to the buyers about the condition of the AC unit and gave not guarnty of the utility equipment or pixtures. . That does not mean that they won't still try to sue you. It sounds like the buyers may have claim against their inspector. You might suggest that they look toward him for recompense. Of course, it you did make representations about the condition of the equipment, or knew about the system leaking in the past, you may have some liability.

Good luck

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Answered on 6/17/10, 11:30 am


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