Legal Question in Real Estate Law in New Jersey
Sold a 20 year old home recently. The home was in good condition. The buyers brought in a licensed state inspector, to inspect for structural damage, termites and other infestations etc. The inspector found nothing wrong. The buyers walked through the day of the closing and raised no concerns. The closing went thru as scheduled. Now 2 weeks later they are claiming there is a bug infestation in the 2nd floor flooring and it is going to cost them 10 thousand dollars to replace the floors. They are threatening to sue me if I do not pay them. Am I still liable? And if they do sue and we go to court what are my chances.
2 Answers from Attorneys
The short answer is that when you sell a house, you are not liable after the sale for any problems in the house. There are exceptions, including any problems that you concealed from the buyers, and anything that you agree to be liable for.
This has to get looked at by a lawyer. I can not tell you anything for certain without a lot more information. $10,000? for new floors?
Give me a call if you like. Sounds like you have a fight on your hands.
The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
A bit of history is in order. Traditionally, the legal doctrine was "let the buyer beware" (caveat emptor). That meant that the seller didn't have to disclose anything about what was sold and was not liable provided that he did not make any false claims. That doctrine has changes somewhat in that the modern rule is that the seller must disclose information known to seller that a reasonable person would believe the buyer would need to know in order to made a decision. There is a bit more to it but the main issue here is whether the buyer can prove that you knew about the infestation and failed to disclose it. � The buyer may just be trying to bully you into paying when you don't have to. Alternatively, there may be a suit in your future. Either way, engaging a lawyer who handles this type of claim would be appropriate. Also, if a suit is actually filed, don't neglect to check any liability insurance policies that you might have to see if you have coverage (unlikely on these facts).
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