We are being sued by the couple who bought our home because they had a sewer back-up and claim we knew about a problem but did not disclose. The sewer and water authority found no problem while we lived there but the house sat empty for almost 6 months before we sold it. The new owners had to remove a large tree root from the sewer pipe- they were paid by the insurance company already.
2 Answers from Attorneys
Re: Seller's Disclaimer
As with any suit, an answer must be filed on your behalf otherwise the other party will win by default. There is some urgency here because once a default is entered, you must convince a judge that you have a meritorious defense in order to get back to the same place as you would have been if you had filed on time.
There is a possibility (small but worth looking into) that your previous homeowner's policy will provide a defense. You should get a lawyer to look over the pleadings and other documents that you have for the suit as well as your insurance policy.
My firm handles matters of this type. If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.
See also: http://info.corbettlaw.net/lawguru.htm
Re: Seller's Disclaimer
If they were paid by the insurance company in all likelihood its the insurance company that is suing you. The fancy legal term is subrogation.
What it means is that the insurance company paid the claim under a homeowners policy and now the insurance company is looking to you to pay because they did.
If you have any questions feel free to contact me, the initial consultation is free.
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