Legal Question in Real Estate Law in Kansas

Significant ($13K) mechanical inspection violations discovered after closing single family residence in KS. No buyer or seller realtor involved in transaction. Septic inspection wasn't discovered until after closing. Who is responsible? Buyer or seller?


Asked on 2/09/10, 9:06 am

1 Answer from Attorneys

Anthony Smith LawSmith

Under the general situation you described, it appears that the buyer shoulders the cost of the repair, unless the agreement to buy was made contingent upon the successful inspection. The buyer may have an out. This type of problem should have been caught by their inspector, so they may have recourse against them. Unfortunately, many buyers without a realtor agree to waive the inspector's liability for things they miss, for any amount over the cost of the inspection. If the buyer in this case did that, then the inspector just has to return the cost of the inspection. If not, then the inspector is probably liable to the buyer for the cost of fixing the problem. Consult an attorney that has more access to the specific facts of your case before deciding how to act.

Good luck

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Answered on 2/14/10, 5:58 pm


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