Can my friend get sued for not disclosing foundation repairs from 3 years ago!?!?!?

Question

Sorry for the long explanation! I really appreciate any and all responses!! :)

So my friend had some foundation issues a few years back (in NC), and dropped $25,000 to get properly repaired by a large reputable engineering company. Some piers and leveling work, in addition to other things.

A couple of years later (last year), she decided to list the house and then sold it, because she wanted to move closer to her daughter. The home sold for $150k (a little less than neighborhood comps). The sale was quite painful and messy, since the buyer was VERY rude about everything, and demanded literally hundreds of things to be repaired, which my friend was very nice about and had everything fixed as requested, as well as demanding price reductions just before closing. The buyer had many inspections done by different types of inspectors. She even agreed and paid for repairs months after closing. So essentially, my friend bent over backwards for everything.

Well starting 2 months ago, the new owner started calling my friend asking why the power bill is a bit more than she'd thought, gas bill, a bunch of tiny silly things. Again, she was nice about everything and tried to explain what she set the AC and heat to, tips on things, etc.. But eventually it really seemed as though the new owner simply regrets buying the house. She sounded like she was going thru some financial issues.. possibly got laid off from job, but couldn't confirm.

Now.. back to the foundation repair. During the closing, my friend asked if the foundation repair should be added to the disclosure statement, and the realtor told her if it's currently still a problem then she must include it. But if it's fixed and not a problem anymore, it's not required. So she didn't include since the problem was fixed.

Now, of course, soon after those phone calls my friend receives a letter from the new owner saying she will sue for $30,000 for repairs needed to the foundation, because the permit with the city for the repairs wasn't signed off or something. Again, it was a large foundation repair company and remember clearly they had the proper permits. I saw them myself nailed to a wall when I went to her house during that time.

Anyway, we can't confirm if there are actual issues with the foundation now, because she cutoff communication with the new owner after receiving the letter. But for 2 years after the foundation repairs, there were no issues. So I have a feeling the new owner pulled any/all permits and is trying to get out of owning the house now.

Nevertheless, my friend has forwarded this info to her realtor from the sale and will be replying soon.

What legal grounds does the buyer have at this point? Was it illegal for my friend to not list the previous foundation repairs on the disclosure? Can she literally get sued? or forced to re-own the house?

Thank you! and sorry for the long explanation!!

Answer 1

Was the foundation inspected by the city/town inspector after the work was done? If not that could be a problem. Your friend should go to the town/city hall and find out what permits and inspections are on file with the city/town.



Also, I believe there is a time limit regarding what repairs have to be disclosed, have your friend check with a real estate lawyer for that answer, it may depend on the state laws.



As long as the city inspection was done and the time limit had expired then the buyer should be talking to the numerous inspectors they hired to inspect the house. i doubt there is anything wrong with the foundation I bet the buyer is trying to find anything wrong so they can try and get a free house.

Answer 2

Having permits to do the foundation repair by the engineer company is NOT the same thing as having the sign-off from the city when they came back for the final inspection of the work.



Realistically, any major repairs done to a home should always be disclosed simply so it doesn't leave a bad taste in any buyer's mouth. Even if everything was done well, it's just nice to know what work was done to begin with. A job done well doesn't deter buyers, but a job not done well might. When I sold my home, I even listed that the wax seal from the toilet on the main level leaked into the ceiling, had to rip down the ceiling and put in a new piece of drywall and put in a new wax seal. Small $500 job but just put it there because it was the right thing to do - even though the job was done a year prior to the sale with zero issues afterwards. So your friend should have just disclosed (my suggestion to all clients is: when in doubt, disclose), but since there were no issues for two years after the work was done, she didn't really legally need to (unless her state laws require disclosure of ANY and ALL permitted work done).



It sounds like your friend is rather...well...naive. A buyer should ALWAYS contact the seller via the agents. There should never be direct communication (even when my buyers and sellers do get along). Your friend was too lenient and now she's paying for it. Repair lists and then even doing work after closing is just down right stupid. Now the buyer is used to your friend just doing work for free, so why wouldn't she try to milk it? Cut off all communication. Leave it. If she wants, have the buyer's lawyer sue her. It's gone on long enough. Stop pandering to her. What if 10 years from now the place needs a new roof? Is your friend going to pay? Of course not. So stop paying for anything else - SHE SOLD IT!

Answer 3

The only issue is "were the building repairs registered and signed off". Nothing else matters. If yes, there is no issue for your friend, houses are sold as is, any problems need to be identified by the buyer during the building inspection that they have done. If no approval or permit was issued, then your friend is in trouble. The cost of getting the work approved is going to be her responsibility. nasty all round by the sounds of things. She needs legal advice if she finds the repairs weren't signed off by the authorities. She will need to take counter legal action against the company who did the repairs for failure to complete.

Answer 4

There's a statute of limitations in each case that goes to court. That implies you'll have a special quantity of years inside which to bring a go well with. Yes it has tahen you 2 time to recover from your wonds (typically you still have emotional wounds as good). Nevertheless these guys to have got to pay for each of your clinical expenditures. You and your buddy will have to talk to a private harm legal professional who works for the plaintiff and ask if that you may still get those paid (provide to the legal professional a replica of the bills you each incurred). Since it could be a personal damage case you would not pay the attorney and the lawyer would take the cash from what is paid with the aid of those guys and split it into thirds. You would ask the legal professional if it is adequate or correct to file simultaneous suits with your friend or in the event that they must be combined. One 1/3 most often goes to pay the attorney, the second 1/3 goes to pay the expenditures, and the final third goes to the character who sues. The lawyer may even weigh the idea of whether or not or no longer those wounds have affected you (and your buddy) as far as your capacity and capacity to work or to do the same job you probably did earlier than the obstacle passed off, and verify how many years you are not able to do these things (if that correctly is the case). I am not so certain that you may show discrimination in this case. Ask the legal professional instantly in order that might be if the time for submitting has expired that perhaps (if it took you each this long to recover) that the judge "may" make an exception. Otherwise it perhaps too late to file. Yeah, just call a personal damage legal professional who works for the plaintiff. There are a number of individual injury attorneys round but if you do not know one above all to your field then provide a name to your county bar organization and they're going to advise some on your area. That you can pay for his or her one-hour chat and spot in case you think cozy with their demeanor and ask about what number of circumstances like yours they've received. But do this in person on an appointment so they may be able to see who you are, see if you're damage and see your intentions for your eyes. If you're just out to get any one for discrimination i am not so definite it will occur nor woudl that be a good idea. If the blokes owe you cash then judgments might be positioned towards any property they've, judgments that might comply with them anyplace they go (if your lawyer records judgments with the courtroom each time they transfer). It doesn't suggest that they'll pay up. It can be in basic terms an avenue to check out to get reimbursed. In the event that they owned a apartment (even someday) a lien would be positioned towards their condo (or in opposition to a auto if they have a automobile). Ask your legal professional. Did you will have health insurance that included your injuries (and hospital and emergency auto or your time without work from work?) you'll ought to prove all this in court docket. But if the attorney does not aid then you your next step could be to ask your wellbeing coverage corporation in the event that they might go over these guys to pay your fees if that insurance company failed to pay in your costs.

Answer 5

Having permits pulled is not the same as having permits signed.

Your friend is responsible for paying for anything that needs to be completed in order to get the work approved.

- it might be as simple as having the inspector sign the permits or it might be a $30000 redo.