Summary
In Nebraska, sellers are required to disclose known defects, regardless of the homes age. If you knew about a defect like water leakage and didnt disclose it, you could face legal action for breach of contract or misrepresentation. Even if the buyers have signed and closed on the house, they might still pursue legal action if they can prove nondisclosure. If you agree to pay for damages and the buyers sign a waiver, it can protect you from future claims, but ensure the agreement is legally binding. Realtors typically arent qualified to draft such agreements, so consulting an attorney is advisable. Reviewing your sale contract and understanding Nebraskas disclosure laws can help clarify your rights and responsibilities.Full Conversation
Even if it’s a 50 year-old home
Hey there! In Nebraska, the age of the home doesn't exempt you from disclosing known defects. If you had a disclosure agreement, it usually requires you to inform buyers about any known issues. Did you have any specific disclosures in your sale contract regarding the egress window?
No, I didn’t have a problem. I knew how to fix the problem by putting a pump down in the grass window. The pump the water out so it didn’t come in the house as a homeowner isn’t not my responsibility.
In Nebraska, sellers are generally required to disclose known defects. If you knew about the issue and had a functional fix, but didn't disclose it, you might still face liability. However, it greatly depends on the terms of your sale contract and any disclosure statements. Have you consulted a local attorney about this situation?
So then, what can they take me to court for?
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In Nebraska, if you knew about the defect and failed to disclose it, buyers could potentially take you to court for:
- Breach of contract if the sale contract required disclosures.
- Fraud or misrepresentation if it’s proven you knowingly withheld information.
- Negligence if your actions caused additional damages.
Have you considered discussing this with a local attorney to understand your liability?
What if I knew about it but thought that was the fixed on the aggressive window when you have them put in because I always heard when you put in the grass window you will always have problems with it
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In Nebraska, even if you believed the fix was sufficient, you're generally obligated to disclose known defects, especially if they could impact the property's value or safety. The buyers might argue that you knowingly withheld information, which could lead to potential legal liability. Consulting with a local attorney would be advisable to assess your situation fully. Have you thought about contacting a local attorney for guidance?
No, I don’t wanna talk to attorney. I just want to know what my rights are.
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In Nebraska, you may face:
- Breach of contract if the sale contract required disclosures.
- Fraud or misrepresentation if it’s proven you knowingly withheld information.
- Negligence if your actions caused additional damages.
Consider reviewing your sale contract and disclosure obligations for clarity.
It just seems to me when I bought the house. I had problems with water and never made a big deal about it because I knew as a homeowner I had to take care of the problem. It was not disclosed in my situation when I bought the house.
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In Nebraska, sellers are generally required to disclose known defects, even if they believe they have a fix. If the issue was not disclosed, buyers might have grounds to claim breach of contract or misrepresentation. Reviewing your sale contract and any disclosure obligations can help clarify your rights and responsibilities.
But the buyers are a signed the papers and closed out on the house
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Even though the buyers have signed and closed on the house, if they can prove that you knew about the defect and failed to disclose it, they might still pursue legal action for misrepresentation or breach of contract. Reviewing the sale contract and Nebraska disclosure laws can help you understand your rights and potential liabilities.
What if I agree to pay for the damages and the fix can they still go after me even if they sign a letter stating they won’t come after me after I have paid for the fixes?
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If the buyers sign a letter stating they won't pursue legal action after you pay for the damages, it can serve as a waiver of their rights to sue. However, ensure the agreement is clear, legally binding, and consult an attorney to draft it properly to protect yourself.
Can a realtor do the agreement
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In Nebraska, a realtor typically isn't qualified to draft legal agreements. It's advisable to have an attorney draft or review any legal documents like waiver agreements to ensure they are binding and protect your interests.
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