Legal Question in Real Estate Law in Nebraska

Buyer has had plumbing problems... thinks it is sellers fault.

A few months ago I sold a home through a real estate agency. This was a home I purchased and worked on for several months and then sold. The buyer had a structural inspection completed, a whole house inspection, and a seperate furnace inspection done on the house. Ultimately I was required to do a few repairs which were completed. A week after closing, the buyers agent callled my agent and said that the bathroom tub was plugged on the main floor and when they called a plumber he informed them that the line from the bathroom tub to the main leaked and that I should pay for the repairs. I said I wouldn't because I did not know about the leak and nor did it show up during the whole house inspection. The buyer is now sueing for me for the repair of the leak. Am I laible for this repair bill


Asked on 3/04/08, 4:59 pm

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: Buyer has had plumbing problems... thinks it is sellers fault.

Liable? Maybe. In any case, if the buyer sues you for damages, you will have to bear the cost of hiring an attorney to defend you. Sellers have the duty to inform buyers of known, latent defects. For practical purposes, 'known' means you actually knew or should have known. It would be possible for a judge or jury to be persuaded that you should have been aware of the defect after a few months of ownership when the buyer discovered it within the first week. If the court believes you should have known about the leak, you lose and will have to pay reasonable, proven damages plus your attorney fees. Knowing this, it would probably be in your best interest to offer to pay part of the repair bill incurred by buyer.

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Answered on 3/04/08, 5:14 pm


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