Need advice!

[jennyb]

Hi all.  I have posted a similar question last year but here it goes again.  On April 14, 2004 we sold our first home.  Unfortunately, the buyer didn't do an inspection and is now wanting us to repair the drain in the garage.  Actually, she never even saw the house til the day she gained occupancy.  She had a mother that lived in town and depended on her to look at it.  The washer and dryer hookups are in the garage.  However when the washer is in spin cycle....water & soap comes up from the drain and then would go back down.  The water would come out as far as a 2' X 3' section.  We always thought that was one of the purposes of the drain.  We never saw it as a problem and always thought that was the nature because it had done that from the time we purchased the home.  Anyway, Last May the buyer contacted us and wanted us to pay for the repair.  We told her to call a local roto rooter place.  We thought, if anything, the drain probably needs to be cleaned.  Well anyway, we never heard anything from her til today.  We received a letter in the mail stating that we have to pay $1700 ($324 from having the main line and second line (grage drain) cleaned last June.  Then she got a quote for replacing the garage drain.  She claimed that the company was not able to open the drain at all.  Are we at fault?  Are we legally obligated?  It has been over a year since we have sold the house.  I keep telling my husband that we should contact an attorney to be on the safe side but he insists to just let it go.  What should we do?

Jennyb

[jennyb]

this property was sold in cenral illinois

[Buckeyes]

this is just an opinion, not advice - there are people here that will give you an answer from a more informed position.

However, here is my opinion:

First, If she is simply sending you a bill and you have not been contacted by a lawyer, don't waste your money speaking with an attorney.  If you are contacted by a lawyer or clerk of courts, then consider hiring legal counsel.  Otherwise, it's no different than if I sent you a letter and told you to give me money - there would really be no reason to care.

Second,  I don't think she could legally hold you to that amount of money regardless.  If there was a home inspection done and it was something you had to take care of (agreed before the sale), you would have gotten 3-5 bids on having it fixed.  She cannot hold you to some random number by the company she chose to work with.  Who's to say you couldn't have gotten the same work done for 300.00.

Best of luck.

[jennyb]

We decided if we are obligated to pay for it then we will call for quotes ourself.  If its the way the drain is designed and she has to have it cleaned so often that is something she has to deal with.  But I feel that just because she doesnt like the way it drains and she thinks that there needs to be a new drain in for her that we are gonna just replace it.  

There is no way that we are gonna just hand her a check for $1700.  Also, when she mailed the letters, she didnt send copies of the invoices of the supposed work done and she hasnt sent us a copy of the estimate for having the drain replaced.  We thought if she was so concerned about this then she wouldn't have waited for a year to have it replaced.  

My husband is thinking that maybe she is trying once last time to try and get money from us before she pays for it herself.  Honestly, I just want to say "welcome to home ownership".  

jennyb

[ready2invest]

Jennyb---now your buyer knows why some people prefer to rent so they dont have to worry about fixing things...when my sister sold her house, she had a similar situation happen, and nothing came of it.  Hope all works well for you!

[jennyb]

Thanks.  My husband contacted an attorney and said that sol is up on the Disclosure act.  She has waited to long to do anything about it.  Also, he said that she has to prove the drain is a material defect and that we knew it was a material defect.  He told us to tell her NO or better yet to NOT RESPOND.  He said maybe the only possible thing she would be able to do is try to get us for fraud but she would have to dish out her own attorney and litigation fees since sol is up.  Plus, it would have to get to court and a judge may or may not want to wast his time on something so little as a drain.  Looks like she may have to live with it or get it fixed herself.

jennyb