Legal Question in Real Estate Law in New Jersey
can we be sued for nondisclosure?
sold home in 6-06. buyer had home inspector , we fixed everything requested. buyer asked if we were planning to open above ground pool before settlement. we said no as we were already renting another property and did not want responsibility for open pool when no one would be in the house. pool was in good condition when closed previous sept.now buyer wants us to repair pool stating ''it fell apart'' when he opened it. he never insisted we open pool prior to settlement nor did he have a pool inspector evaluate it. where do we stand?
2 Answers from Attorneys
Re: can we be sued for nondisclosure?
I agree with Bob. By not insisting that the pool issue be reserved until the pool was opened and checked, the Buyer may have missed the boat, unless it can be shown that there was a pre-existing problem that you concealed. However, a law suit can be costly and time consuming, so you might want to settle this as a nuisance claim.
Re: can we be sued for nondisclosure?
this could get a bit messy. if buyers sue you and claim that you hid and concealed problems, you will have a real fight on your hands. the general rule, however is that you buy it 'as is'. You need to sit down with a lawyer and get a clear understanding of your particular situation, especially if the buyers are really making threatening moves.
If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.
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.
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