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♫ Sweet Honesty ♫ | Can we be held responsible for a problem with house 6 mos. after sale? |
As a condition of our sale we agreed to replace the living room bay window. Now the buyer is claiming it was installed incorrectly and he can't get the window closed. Obviously we did not opt for an expensive window since we were leaving, and my husband's cousin (who installs windows for his job) installed it as a favor to us, so it wasn't done by an actual company. Do we have any responsibility to fix it since it was a condition of sale, or is it now the buyer's problem?
Additional Details
We offered to give the buyer money to put toward the window he wanted and professional installation, but he turned us down--he wanted it done before he moved in. So he assumed the risk that we would do it on the cheap. |
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stephen t
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In general it is the buyer's problem. Most of the time delivery and acceptance of the deed releases the Seller from any further duties, most likely he had his chance to inspect it before the closing, and object if he did not like it, but since he closed absent fraud he is SOL. If he had a smart atty he would have put in something like, this condition shall survive the delivery of the deed, he would require money to be held in escrow until the condition was met, and write it is to be done to the satisfaction of the Buyer, then you would have to fix it. From the facts you told me I would say you are free and clear. |
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Lori E
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It depends. Was a "new" window requested as part of the sale? What reason was there for replacing the window? Was the window you put in place operational at the time of sale? Did you give the new owners a warranty (that you recieved) from where you purchased. Is the window non functional because of installation or poor quality? All of these questions are relevant. If you had a new window installed (professional installation is not necessary if it was not in the contract) and it was operational at the time of the buyers walk through and they agreed the window was sufficient, what's the problem? The buyers have already agreed the window is sufficient. You can not guarantee that any item in the house will work 6 months after a closing it's impossible. Unless they bought new construction from you with a warranty, you simply can't insure that things won't fail. If you have other terms in your sales contract in reference to this window that I didn't mention, I wouldn't be able to advise. If you are one of those lucky persons who lives in a state where an attorney is needed to close, I would pose the question to the attorney. |
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CSND
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i am guessing the new owner inspected the work upon completion and gave the ok signal since they did buy it. So your part of the deal was complete. It is the new homeowners problem that he did not find any fault after completion so you don't have to worry about it. |
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dkarlsenyh
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This is very interesting, since the answers so far are about evenly split between "Yes you can be held responsible", and "no you can't be held responsible", and both sides have some very knowledgable and experienced people.
Personally I side with the Real Estate Atty's view that they bought a used house, period. Lori E. also pointed out that certainly all kinds of things can happen within six months. If they wanted a 1 yr warranty, then there are dozens of companies that provide that for a fee of around $400.
If I were the seller here, I would probably drive over there if I still lived within 50 miles, and try to figure out why the thing won't close. If it was something like a bent piece of metal, I would point this out to the new homeowner, and tell them that since I wasn't liable I'm not fixing it myself, but that it should be easy to fix.
It sounds like the buyer just wants a more expensive window. Too late, too bad, soo sad. |
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Gertie
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How long was the window in operation before he started complaining about it? If its months later and the window worked just fine I don't see why you should be responsible. Its possible the house is settling. |
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InquizitiveGirl
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It depends on the term of the sale. If at anywhere it is listed in the bill of sale that you will cover things like that then no. It is the buyers responsibility to check these things before signing the deed and giving you the money. If you did not know it wasn't installed right you are not in the wrong; however, if you were aware, you might be able to be held responsible.
But like I said, unless it is stated in the contract, then no, I don't believe you are responsible. |
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glenn
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1st choice is to insist the buyer have it installed by someone of their choosing after closing.
2nd choice is to have it professionally installed by someone that can be held responsible to come out and redo their repair after closing if a problem comes up.
never fix something your self when required to fix as a condition of sale.
Since you did, then I bet you will have to fix it again. |
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holykrikey
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Probably not. More then likely when winter comes around the window will work. The wood around the window swelled and made it so the window cant close. This is not your fault. It sounds like you had an amateur install the window. |
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PhrozenPhoenix
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If it was working for the 6 months after you sold it, then its their fault and you don't have to worry about doing anything...
By signing the contract they essentially acknowledged that the window was replaced and working well, and it was their responsibility to check up on it before signing... if you tell them that they might not be too happy but I don't think they can do anything about it.
Hope that helps! |
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s_padell
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You obviously forgot to consider the Worst Case Scenario's here...
1. You agreed to install it.
2. Who did the installation? It should be covered for 1yr. against defects. If you used a licensed contractor & recieved documentation of work done.
3. The property should have come with a 1 yr. Warranty against defects or failures? It also may cover issues.
4. Do you Really want to see this guy in court? i.e. lawyers fees, etc. compared to just working this through?
5. He is required (in most States) to have HomeOwners Insurance, again it may be covered, with a deductible possible you could split.
And do the right thing...if it is'nt failure due to abuse or damage they've done. Fix it. |
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Gaspode
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There should have been a cut-off date for things like water heater, heater/AC , built ins etc. If the buyer waited half a year, there is no guarantee that he/she didn't damage the window. Why wait so long?
Check your paperwork, or ask your cousin to go take a look and determine if it is a fault with window or user. Was their a guarantee on the window? |
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godged
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You should consult with an attorney, as you are in a precarious situation here. |
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G Mmmmm
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No you dont.........(only if you offered a guarantee) a house once purchased will refer to their solicitors searches and your honesty in knowledge of the house |
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98765
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Yep, you have to go back and fix it more than likely. But do that first before they sue or get someone else and stick you with the bill.
Better yet, compromise and pay part of the bill that it costs to fix.
It probably should have been done right the first time, or better yet, sell "as-is". Otherwise, any promise in writing is costly at best ! |
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brooklyn7582
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Yes you need to fix it, you said you would, it was done incorrectly it's on you to make it right.
Sorry Charlie |
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wish I were
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If you had it done and it wasn't installed properly, then yes it's on you! You should have allowed money for the window replacement and let the new owner have it put in! Yes, you need to get it fixed!!! |
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spaznskitz
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Yes, you were required to replace the window correctly. It wasn't. You must remedy it.
Not a smart choice on your part to do it on the cheap. It has come back to haunt you. Had you done it correctly through a licensed company there would have been a warranty. |
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