Home Selling in California>Question Details

Frances Carr…, Home Buyer in Orange, CA

Our buyers have sent a list of repairs they want us to pay for. Escrow has closed and they did not obtain an

Asked by Frances Carrillo, Orange, CA Sat Apr 11, 2009

inspection. The items they listed are items we were not aware of or never had problems with. Are we resonsible to pay for them?

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Frances, Carl provides a very succinct and accurate response below.

The only thing I would add is that if the CA Assoc. of Realtors Residential Purchase Contract was used, you do have a "mitigation of legal risk" protection via Para 17B2. While Para 17 speaks to the arbitration and mediation of disputes, Para 17B2 limits any potential court action to the jurisdiction (read level of damages sought) of a certain types of legal claims, but specifically in your case, Small Claims Court.

Best, Steve
0 votes Thank Flag Link Sun Apr 12, 2009
Frances:

If they:

(1) Did not order inspections,
(2) Did not present you with a request for repairs during the time frame allowed by the contract and
(3) Escrow is now closed and you have all the proceeds from the sale …

They should not have any recourse.

Their only course of action at this point would be to prove that you deliberately misrepresented specific facts in your disclosures with regard to your home. IF they can prove that you deliberately misrepresented the condition of your home in the disclosures, they may have a case in small claims court. If not, it is my belief that they can no longer ask you to repair anything.
Web Reference: http://www.carlmedford.com
0 votes Thank Flag Link Sat Apr 11, 2009
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