Legal Question in Real Estate Law in Pennsylvania
We recently sold our home and a home inspection was completed and repairs completed as requested and agreed to with the buyer. The buyer is now coming back saying there is mold on the basement floor when the carpet was pulled up. She is claiming that we knew there was water and did not disclose it and wants to speak with us to resolve or will pursue legal action. We never had water in our basement and the home inspector did not report water damage in the basement. We stated in the sellers disclosure that we never had water in our basement and that we ran a dehumidifier to control dampness in the summer months. Should we respond to the request from the buyer to speak with her regarding her concerns? Is there legal action that she can take against us?
1 Answer from Attorneys
Dear Concerned: Yes, it's been said among Attorneys that some people would sue for a bad ham sandwich! This is a sad state of events. However, although I'm not admitted (yet) in Pennsylvania, but have practiced in Ohio and other states for more than 40 years, here's my opinion.
If you made complete disclosure to the buyer and have had no incidents of moisture or mold and knew of none, the claims of a disgruntled buyer looking for a cheap discount from the price paid, should not worry you. Your response has to be exactly that. The burden is upon the buyer to prove their claims, which will be almost impossible, since where's the evidence? And, how are they going to priove you knew about a condition you never experienced?
In time, retain experienced construction lawyer as your counsel to defend and counterclaim against this "cheap shot". Good luck and God Bless...
J. Norman Stark, Attormney / Architect Emeritus (A.I.A., N.C.A.R.B.)
Cleveland, Ohio
Email: [email protected]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
