Legal Question in Real Estate Law in New York

Small Claims

One year ago, we sold our house. We are now being taken to Small Claims Court by the people who bought our house for allegedly not properly winterizing the inground pool, and therefore, causing damage. We were not notified of the alleged damage until after the work to repair the alleged damage was completed. Two different estimates (bills) were submitted to us. Are we not entitled to an inspection? Are we now liable? What ground do these people have to stand on at court?


Asked on 1/19/06, 9:43 am

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Small Claims

Any specific obligation a Seller may have to Purchasers concerning real property and anything on or attached to it, AFTER Closing, is generally controlled by whatever written contracts, agreements, stipulations or representation made, with riders, that were signed by the parties, before and at the sale closing.

In the case of a pool, it may also be controlled by the pool construction contract and warranty, that "attached." that you signed w/ the pool company, before the property was sold.

Therefore, you should carefully review your Sale Contract/w Riders, and closing documents; consult with your closing attorney; and also the Pool Construction company warranty requirements, well in advance of going to Court.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/19/06, 6:10 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Small Claims

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your contract of sale should provide some help. Were any representations made to the Purchaser as to the condition of the premises?

Did the Purchasers conduct an inspection of the premises?

What does the attorney who handled the closing say?

Without inspecting the documents, a complete answer cannot be given.

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Answered on 1/19/06, 10:22 am


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