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Buyer beware?

9 years ago

My husband and I just sold out home of 4.5 years. We put a lot of sweat equity into the home and took great pride in it. After putting almost $80k into it we realized the home was wonderful but too small for our growing family. The home went under agreement in 1 day with a cash offer. The couple seemed nice in the beginning but eventually turned into the buyers from hell. They started requesting ridiculous things and we complied as we had an offer on another home. One valid request was repairing the gas fireplace which needed to be in working order at closing. It was. Well apparently when the couple moved in (and the gas company needed to come and set them up) the company discovered that the fireplace was not grounded. Their inspector must not have caught it during his inspection. The home was built in 1994 so chances are it was up to code then but not now. Anyway the couple is trying to tell our agent they are going to sue us for the cost of getting an electrician there. This seems ridiculous to me. We didn't lie - we never knew it wasn't grounded. This comes after we moved into a home and already had to fix two central air conditioning units and a broken microwave that happened the day of moving in. We didn't ask our sellers for a dime. Is this a case of buyer beware or do they actually have a case?

Comments (10)

  • 9 years ago

    Sorry I wanted to add that the fireplace was in working order at time of closing and still is (in case that wasn't clear).

  • 9 years ago

    What does your agent say?

    It seems to me they don't have a case.

  • 9 years ago

    People threaten all sorts of things- I would wait until I actually see a problem before I panic.

  • 9 years ago
    last modified: 9 years ago

    They don't even almost have a case. All home sales are "as is." The only caveat to that is that you must disclose any material defect that you are aware of.

    I am not even sure that a fireplace that was not grounded is material even if you knew about it. In this case material would be defined as something that would prevent a reasonable person from buying the house. It might be material if it is a genuine safety concern but I doubt it even then.

    If it were me, I would play hard ball right back. I would give written notice to my agent to cease communications with the buyers and ask that future communications be forwarded to you.

    You just send an email with a read receipt to the agent that says something, "As we have we been notified of pending legal action, please refrain from further oral communications with the buyers. We ask that any email or written communication regarding this matter be forwarded to us, so that we may properly inform our attorney."

    The buyers are just saber rattling. They are upset, and being petty people want you to be upset also. The best way to fix it is to deny them the opportunity to easily reach you.

  • 9 years ago

    I had a realtor once suggest, because I was moving out of state immediately after closing, I place $200 in escrow for the purpose of paying for anything that might crop up. Sure enough, we managed to scratch up the vinyl floor in the kitchen when we removed the refrigerator. The new buyer complained and I said give them the $200 with my compliments. My realtor took care of it and I never heard from them again.

    I assume from the poster's description the fireplace must have some sort of electrical connection, maybe a starter. Call an electrician. The inspector should have noted the issue. Maybe the buyer's should talk to their inspector. After all, he's the expert.

    These buyers had their opportunity to inspect to their hearts content. They allowed the inspection period to pass without a request of remediation and proceeded to sale. They have no grounds to sue. Tell your realtor to tell their realtor to tell them to pound sand.

  • 9 years ago

    Your buyers are being ridiculous. They had an inspection and the inspector found what he found. You are not now responsible after the sale for bringing it up to current code, if it was to code when built.

    You did not conceal a defect. They have no grounds to sue you.

    They should call an electrician and have a grounding wire put on the pipe. Not a big deal. I'd be surprised if it were a couple of hundred dollars.

    These sorts of entitled buyers are everywhere.

  • 9 years ago

    It's called bullying. Say no.

  • 9 years ago

    Once they sign the papers at closing, they own the house, warts and all.

  • 9 years ago

    Grounding the gas pipe is an easy task ... way cheaper than getting a lawyer and suing.

    They sound like a near-fatal case of buyer's remorse has set in.