Legal Question in Real Estate Law in Pennsylvania

Buyer claimimg house was misrepresented; threatening legal action

I recently sold a rehab house. The work was done completelty my me. The home was issued a Use and Occupancy certification from the city. The buyer chose not to have a home inspection. At the buyers final walk through, they noticed there was no hot water. At closing, I agreed to have the hot water heater fixed. This was completed. Two days later, the buyer claimed that the the water was not draining from the bathtub (seperate issue). The buyer is now threatening legal action against myself, the seller, claiming that the house was misrepresented. Am I liable?


Asked on 1/03/05, 5:30 pm

1 Answer from Attorneys

Re: Buyer claimimg house was misrepresented; threatening legal action

Claims about misreprewentations can be difficult. What representations did you make? Were they in writing? Who was present, etc.

Now... a problem draining could be as simple as a bottle of Draino, so I suspect they are asserting a lot more misrepsentation than just the drain. What is the whole story?

If they failed to inspect, and you did not misrepresent, you should not be liable, but it does not mean that they can't file suit. Of course if you move for dismissal, they have to show the full hand just to keep you in court, and if htey have little to nothing, you will have little exposure.

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Answered on 1/03/05, 5:51 pm


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