Legal Question in Real Estate Law in Texas

Re: sellers liability to buyers after closing

I practice law in California and this answer is based on California law. Texas law may differ.

If I understand your question, installation of a boundary fence by you, the seller, was a condition of the sale. You had the requisite fence installed, but shortly after the sale closed, it developed that the fence was not entirely adequate to resist windstorms.

I can foresee one heck of a three-way debate over who is responsible -- the seller, the buyer, the fence contractor (and maybe the insurer under the homeowner's policy). The buyers will argue that the fence was inadequate and had concealed problems. The sellers will argue that it met all explicit requirements of the deal and buyers had an opportunity to inspect it. Both may argue that the contractor should have anchored the posts better, but he will argue that his work conformed to the contract. And on and on, back and forth.

My guess is that if the matter went to court, the judge would pin the cost of correcting the problem on whichever party seemed to be the most lax and careless. Is the principal fault a poor specification, poor workmanship, or failure to inspect?

In other words, all the players had certain responsibilities. The exact nature of these can be ascertained from the written agreements such as the contract of sale and the fence specification and installation contract. There may be some blame attributable to each, but whichever party is, on balance, the more to blame would probably be ordered to compensate the other or others.