Legal Question in Real Estate Law in North Carolina
We sold our house in October of 2012. Our buyer performed an inspection and we accommodated most of his requests. The day of closing he did a walkthrough and noticed an area where we had a throw rug. The color of the hardwood was different due to the sunlight aging the wood over time. When he mentioned it we told him we had other rugs down and eventually the color came back. He then went to closing and signed the paperwork.
5 months later is threating to pursue legal action is we do not refinish the hardwoods at a cost of $3,000 because it is damaged. Color variance is not damage. Does he have any legal recourse due to the fact it was not on the inspection report, he saw the area during the walk through (before closing) and yet he signed the contract with nothing in writing about the color variation?
1 Answer from Attorneys
He most likely has no case considering what information you provisded to us. If the contracts or inspection report do list the floor as being an issue, my analysis may change.
Based on what you told us, he would have a case, if in your conversations, you promised that the floors colors would stabilize over time and he relied upon that and would not have purchased the home without the floor color being consistent.
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