Sold our old house two months ago.(6 year old house) We closed the deal on May 30th. Today on my way to work the new home owner calls me on my cell phone to tell me he is going to take me to small claims court because the water heater broke and the washing machine broke. I'm pist because we came down $9900.00 moved out by there asking time and gave them the frig. The water heater had a very small leak but no one could track it down to the water heater including the home inspector they brought in that spent 4 hours going over the a/c the furnace water heater etc. We all seen the leak about the size of the bottom of a soup can but didn't know were it was coming from no clause in the sales contract no home warranty but now the s.o.b wants to take me to small claims court for a fucking water heater that went out two months after the sale of the home as well as the washing machine. Me I'm standing my ground what would you do?

Stand your ground, keep that dude from pushing you around, don't back down.

Unless you specified some warranty of reliability on the appliances, or similar assurance is mandated in state statutes, you should be fine.

The health of your water heater wasn't even "implied" -- it sounds like the purchaser knew going into it that the water heater was on thin ice.

Have him file, have him go through the cost of this, Notify your realtor and see what he says.

IF there is nothing in the purchase contract that obligates you to warranty this then he is up shit creek.

Was he notified about the problems before the house closed?.

I bet he tried to go after the inspector which in most cases is impossible as they have a clause in their contract saying they can not be held liable.

Call his bluff, chances are he is doing just that to make you cave and settle.

I agree with Claus, unless specified in the purchase agreement, I belive everything in the house is "as is". I think the fact that the inspector didn't make an issue of it, and he accepted the inspector's inspection works in your favor.

If the leak was noted in the inspection, there isn't a clause in the sales contract, and the buyer went through with the sale, he doesn't have a leg to stand on.

4 years ago, a very good friend and his new wife bought a house for $264.000 in Vancouver. The house itself needed work but was inspected before the sale and according to the inspector had nothing wrong with it.

We helped them move in and were carrying boxes in the kitchen when another friend opened a hatch between the 1st and 2nd level of the house and muttered "your upstairs is built on 2x4" we all laughed until we checked it out. Indeed the house was not structural safe for 2nd floor occupancy. Furthermore the outside east wall was leaning 7 degrees.

Nothing he could do, the inspector shrugs his shoulders, and he bought the house as is in signing a document without clauses.

Luckily my friend’s father-in-law is a contractor; they now have an amazing house worth $460.000 after 3.5 months of solid construction.

Buyer beware, if you accept it you own it.

Buckle up, this is a tad lengthy…

I just closed on a home 3 weeks ago, and with some schooling in this area, may I offer my USD $0.02 (Please do not take what I say as gospel though; if you have concerns call an attorney.)

As far as Texas goes….

First, inspectors can be grouped into basically two types: a general home inspector and specialized. Think of them as doctors; general practice vs. a cardiologist. One is a jack of most trades and can find a good deal of issues in a house; however, if you are worried about the house frames or its design, you get an architect, or even a structural engineer, to inspect the house. If the buyer was concerned about the leak, s/he had every right to call in another inspector of their choice.

Home warranties for used homes are not mandatory. Offering one to the buyer does tend to help ease their worry of buying a pre-owned home. The price can be negotiated in or not; that is completely up to the parties involved (specifically the seller and the buyer).

On the home warranty contract there is a very specific paragraph saying

“You, the buyer, have other rights and remedies under the Texas Deceptive Trade Practices – Consumer Protection Act which are in addition to any remedy which may be available under this contract. For more information concerning your rights, contact the Consumer Protection Division of the Attorney Generals Office, your local District Attorney or county attorney of the attorney of your choice.”

Basically this is saying, in my interpretation (others may interpret it differently; thus why we have courts), unless the buyer can prove malice on your part, they are high and dry. Buying a used home does entail some caveat emptor (buyer beware), so the burden is going to be on the buyer to prove you deliberately deceived them.

If you are very concerned about this, and it looks like you are, you too can contact the above mentioned governmental attorney offices, or hire one of your choice.

I would take their word over a message board any day.

Just curious, but why is everyone posting info about Texas, the original poster is from Chicago and from what I can remember, that’s Illinois, isn’t it?

Bingo, I just went though a similar situation 2 weeks ago when I closed on my house. The woman that bought my house (in cash/no mortgage/$350k+) wanted me to pay for a timer for the landscape lighting that doesnt work any longer ($27) as well as replacing some beams under the house($350). I mean WTF, she had the home inspector there, he documented any of the problems, which in this case were not noted, now weeks later she is trying to get me to pay for this stuff. She has nothing to go on, she wants me to fix her house? Take a hike.

we have made arrangments to meet with our attorney on Friday to see what may happen. I talked with my real estate agent yesterday. The couple that bought the home do intend on taking us to court. I offered to pay half of the cost of the water heater and they (the Buyer ) refused. So off to court we go. I turned the other cheek once, now I'm done. We will see this to the end.

I'd be careful about offering to pay for anything, could be construed as an admission of guilt/fault. I wouldn't even talk to the new owners until I talked to a lawyer. Did your realtor seem to think that they could get away with this?

Stick to your guns, you offered out of good faith to help remedy the situation. The home inspector did not pick up on anything wrong so you should be ok. Let him try and get the money from you, probably $700 max? Its a matter of principle. Good luck.

Your lawyer that did your closing would probably have a better idea.

Did your realtor seem to think that they could get away with this?

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Realtor doesn't give two shits he got his 4% now say's he can't take sides.

I'm just about through with my realty classes, and can tell you that this bone head has no idea what he is talking about. It doesn't matter if the house burns down the day the contract is signed, what is on paper goes. If in the contract it states that there is a problem with the appliances, then he can obv. sue the crap outta you, but if not, you are fine. Tell him he's a dumbass for trying to get you to pay for petty crap....

Edited to add: How long is the warranty on the appliances? If the house is only 6 years old, tell him to check out the factory warranty on the appliances.

Just my thought, Real Estate Agents are there to negotiate the purchase/sale of land/house/condo etc...they are not legal representation. I do not care how long one has been doing there job, they did not pass the bar, and are not the people to talk to after shit happens. They know how to get paid. This coming from experience at being one.

Ok... well anyways.. a I looked up for you what you need to do...

Ask your realtor or pull your paper work from closing and see if there is a form that would be called something like a "Seller's Discloser Notice", or something to that affect. I'm not sure how things work in IL, but down here we have a form by that name that has to be signed and filled by the seller letting the buyer know if there is in any defects in the home that he is aware about. If you are not aware of any problems, than that is that, there are no knowing problems that you can contest to. Either way, ask your realtor what form you have in your state to protect you from this bone head. Let me know if I can help in any way.

My good friend just bought a new weekend house down the river from mine. His pipes broke and caused major damage the first month=New Carpet, Wall Drying and Painting, Plumbing repairs. hen it got hot as in middle of Summer in South TEXAS hot 95F + 75% humidity kind of hot and the AC does not even come close to being sufficient. They are adults and sucked up and paid for all repairs / improvements. they have not contacted the previous owner about any of it. Life for the homeowner is a bitch at times.

Don't pay anything for the water heater or anything else. Houses are as-is uunless itemized in contracts for replacement or repair. I've always gone to closings just after leaving the property to be purchased for final inspection myself. This guy is a "first time Homeowner?....Good Luck

Met with our lawyer today and he says the same as me my wife and everyone on this forum. "As is condition is as is condition". So here's to you Chuck Chuck's the ass that bought our house. Not that he will ever read this but feels good to do it any how!

As far as the waterheater goes, those things can burst at anytime. It happens all the time.

This thing should be thrown out of court. Chucky boy just wants to get "paid".

joe

Chuck!

send him a postcard of a house... with a hole in the center of it.

On the back, write, "welcome to home ownership. Insert money here."

Seriously, does he think you are his landlord?

You sign it, you buy it. He drove it off the lot....

Good luck. Things break. It is nobody's fault...I hope. Tell them to suck it up. It's their water heater.