Home Sale Liability Concerns

Summary

If you sold a home in Oregon and the buyer is now claiming a defect, your liability depends on whether you disclosed known issues. Oregon law mandates sellers to disclose known material defects. If all inspections were passed and you disclosed all known issues, your liability may be limited. However, if its proven that you knew about the defect and didnt disclose it, you could be held responsible. Consulting a real estate attorney is advisable for specific guidance.

Full Conversation

My husband and I built a house in * and sold it two years later in *. The buyer now, in *, is threatening a lawsuit and demanding we go to mediation over a shower leak. They are claiming that the shower was not installed properly and has caused a severe leak with costly water damage. At the time of the build, all inspections were passed, as well as at the time of the sale, buyers purchased a home inspection. What liability do we have?
Hello ****, It would be helpful to know your location as laws can vary. Generally:
- If you provided all necessary disclosures and inspections passed, your liability may be limited.
- However, if it's proven that you knew about the issue and didn't disclose it, you could be held responsible.
- This can be a complex issue, so consulting with a real estate attorney might be beneficial.
Oregon
Based on your location, here's some general information:
- Oregon law requires sellers to disclose known material defects.
- If you passed all inspections and disclosed all known issues, your liability could be limited.
- However, if it's proven you knew about the defect and didn't disclose it, you might be held responsible.
Please consult a real estate attorney for advice specific to your situation.