My husband and I sold a 15 yr old home, well maintained with a two year old air conditioning unit. No issues were caught on the buyer's inspection. The new owner has come back 7 months after the sale of this home with a letter from his lawyer stating that we (as well as the company that installed the HVAC system) need to pay him $15K to settle on a mold issue that he says we were aware of. We are totally increduous because we never had any health issues or saw any mold. Does he have a case? I don't see how if we had no water leaks and didn't crawl through the ventilation system.
Documents and transaction history are probably going to be your friend here if the sale was documented using typical forms used by most Texas real estate agents. I am chiming in just to tell you that to be safe you need to take all your documents and go spend some time and money briefing and getting a preliminary opinion from a real estate lawyer. It will be a good investment of your time and treasure. I hesitate to answer questions on here where contracts and transaction documents could alter the outcome and that is very much the case here. There is no implied warranty in Texas on sale of a re-sale/used home. But, again, your transaction documents are really going to control and so no attorney can give you real answers except one that has reviewed your documentation and had an opportunity to interview you about all the surrounding facts. People often avoid spending money on attorneys until things have gone way too far. It seems we are more avoided even than dentists. Don't be like those folks. Go spend some money on a good real estate attorney to do 2-3 hours of work, or even less, for you and protect yourself with good legal counsel now - not later. It only gets more expensive the longer you wait.
This answer is for general purposes only and is not intended to constitute legal advice and does not result in the formation of an attorney-client relationship. Without additional facts regarding the underlying transactions in question, no definitive answer is possible. Additionally, the authoring attorney is not a member of the Bar of the State of Maine. It is recommended that you contact a local attorney in that state and provide full facts to get a definitive answer.
Unless there was some extreme negligence or fraud on your part in the mold I do not see any grounds he would have against you for the mold. Seller's Disclosures are meant to provide transparency of any issues that you are aware of and the inspection report protects against any issues that you are unaware of but still exist. Mold can grow very fast and it is not always toxic in nature so just its presence 7 months later does not prove it existed when you sold the home. If he is not including any proof of his conclusion, requesting documentation on how he came to his conclusion of your knowledge of the situation may shed more light on his perspective.
They have to prove you knew or should have known, and with a clean inspection that is one big burden. You may wish to consult with a local real estate attorney who can write a polite letter telling them to pound sand.
Answers to questions are for general purposes only and do not establish an attorney-client relationship
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