Legal Question in Real Estate Law in New York
Seller Liable
I sold a duplex in NY State. Owned the unit for about 12 years. In that 12 years at times with severe weather the basement would flood. This happened about 6-7 times during that timeframe. Real estate agent represented myself and the buyer, agent also recommended to me the attorney for closing who also represented the buyer. The buyer didnt have a home inspection done but had access to by the real estate agent the home inspection that was done by a previous potential buyer. They went thru it together and came up with items they wanted addressed. Example was the roof it did need a new roof and I conceded that in the price. On the property condition disclosure statement no was selected with regards to the roof and water damage issues as directed by the agent. Now 5 months later the agent keeps calling me stating that the buyer wants to be compensated to fix the drainage issue internally and externally of the house. Am i liable? The buyer has gone on to call me some dirtbag owner for selling the property and hiding this. He called the local rotorooter and obtained the receipts i had done. I just feel like they are basically blackmailing me into settleing or taking me to court.
1 Answer from Attorneys
Re: Seller Liable
You are completely liable for failing to disclose the 6-7 times the basement flooded during severe weather on the prop discl form. That's what the form is for.
I suggest you settle it before incurring legal costs to defend a lawsuit that you will lose.
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