Legal Question in Real Estate Law in Texas

I recently sold my house and now the new owner is having major issues with the master shower that I had remodeled in 2008...I knew nothing of these issues and used the bathroom up until the last day I was there and the inspector didn't list any on his report. Now she is threatening to sue....should I contact her and ask her what she expects me to do and does she have a case?


Asked on 5/02/12, 7:09 pm

1 Answer from Attorneys

Roger Merrill Merrill & Associates

You have a duty to disclose known defects. Obviously, you cannot disclose something you don't know about. Nonetheless, a jury may conclude you had to know about the problem if the new purchaser found out about it when moving in or a short time thereafter. If it's a small amount of $, you may want to compromise and pay something to resolve it. If larger, contact your homeowner's insurance agent to discuss. You may also want to direct the purchaser to contact the remodeler, if the remodeler is responsible. Due to warranty issues and a four year statute of limitations, you may want to consult with a local attorney as well.

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Answered on 5/12/12, 10:32 am


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