I sold a house over a year ago which I had a foundation repairs done three months prior to listing the house on the market. I disclosed the repair and the buyer received the disclosure before submitting an offer. Prior to closing the buyer requested a letter from the foundation repair company stating that the house repair still good. They got the letter. The buyer received all the paperwork I have on the repair including the transferable warranty. After closing the buyer noticed some movements and contacted the foundation company. Don’t know much of the details, but The repair company did not help. The buyer now is suing me and the foundation company for not disclosing the problem and frauds.
I don’t understand, I did everything by the book ( fixed the problem and disclosed the repair) and still got sued. I hires and paid the foundation repair company to do the job. How could I be responsible for their work.
Hopefully, when you sold the house, you sold it "as is, with all known faults." Hopefully, the buyer commissioned his own inspection, and had an inspection report issued. Hopefully, you assigned or the foundation warranty could be assigned to the buyer. If all of these items occurred, you should not have liability.
If you disclosed all of the deficiencies about which you knew, and turned over the pertinent documents, you should not have liability for failing to disclose, or misrepresentation, or a violation of the Texas Deceptive Trade Practice Act, or for real estate fraud.
If you have been sued, you need to retain a construction attorney to help you evaluate the situation, and to help you with a motion for summary judgment to get you out of the case.
You need a lawyer. Your homeowner's insurance may pay so make a claim against them for representation. Don't do this on your own.
We do not have an attorney-client relationship unless we enter into a written, formal letter of instruction to represent; accordingly, I am not your lawyer. The statements I make do not constitute legal advice. Any statements I make are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am admitted to practice in Florida, Oklahoma, and Texas, and to the Bar of U. S. District Courts. Accordingly, my responses reflect the law of those states. I practice extensively in U. S. District and Bankruptcy Courts. Any advice given here is deemed to be within the parameters of the rules of professional responsibility and codes of ethics as promulgated by The Florida Bar and The Supreme Court of Florida, The State Bar of Texas and the Texas Supreme Court, and the Oklahoma Bar Association and the Oklahoma Supreme Court.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline