Dallas, TX · Member since 2014 · 2 posts · 0 votes
Here's my scenario; I'm selling a house in TX near Fort Worth and am about to close on it. In the repair amendment, I agreed to have a clogged drain unclogged. I have unclogged it myself and it is draining just fine. I am worried though that should the buyer eventually have an issue with it clogging again, whether it be a day after the close or a decade after, they may come at me to have it fixed.
These buyers are on the border of being irrational with the requests they have made and it would'nt surprise me in the least if they'd try squeezing me again...not just for the drain but for any other issues.
Residential Real Estate Agent · Cookeville, TN · Member since 2013 · 1k+ posts · 948 votes
12y
I am learning in life (at least I'm trying) to not worry about things that have a low probability of occurring - especially when the pain that goes along with the potential problem is low. So, if it clogs again, you may be out $200 to get a plumber out there to fix it. That's not much money really, and the probability of this occurring is low anyway. You've spent much more than the $200 in mental energy worrying about it.
Another option is for you to provide them with a 3rd-party home warranty. These can be purchased for around $500.
Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
12y
Yes the buyer could sue you. That doesn't mean they will win but they can cause trouble and expense. It is just part of the game.
You could add an addendum that explains the situation and say the buyer understands the risk and agrees not to hold you harmless. You may want to scope the drain and have a report from the plumber that did the scope. Perhaps it is a video that can be saved.
Dallas, TX · Member since 2014 · 2 posts · 0 votes
12y
Really? The repair amendment reads as follows, "tubs to drain properly and drains to drain properly". Once they have their final walk-through, check everything and see that the drains are draining properly and then agree to close the deal I should be free and clear from any future issues that they may encounter, no? Who's not to say that a week, a month, or a year from now, whatever the case may be, one of their kids clogs a drain by throwing a toy, some clay, or who knows what else down a drain. In theory from what you're saying, they can come after me for that?
Salt Lake City, UT · Member since 2014 · 35 posts · 18 votes
12y
As long as you are truthful in the disclosures, you should be fine. The chances of a buyer going through the legal expense to sue you over a re-clogged drain are slim.
Most buyers acknowledge they are buying as-is. Follow Ned's advice if your worried about it and get a paper trail from a plumber.
In the end it seems hard pressed to imagine a judge taking time on a case over a clogged drain. Unless the issue is something very serious that severely damages the home and they think you knew about it.
Good luck
Residential Real Estate Agent · Cookeville, TN · Member since 2013 · 1k+ posts · 948 votes
12y
I am learning in life (at least I'm trying) to not worry about things that have a low probability of occurring - especially when the pain that goes along with the potential problem is low. So, if it clogs again, you may be out $200 to get a plumber out there to fix it. That's not much money really, and the probability of this occurring is low anyway. You've spent much more than the $200 in mental energy worrying about it.
Another option is for you to provide them with a 3rd-party home warranty. These can be purchased for around $500.
Investor · Baltimore, MD · Member since 2014 · 1k+ posts · 688 votes
12y
If they are draining "properly"you have no problem. Be careful with relative terms like "properly", sounds as if you think there may be a larger underlying problem that you are trying to avoid. If there isnt, to your knowledge, you have nothing to worry about. Make sure they acknowledge that they drains are draining properly as well.
Do know that if you know of something causing drains to not drain "properly" and sell it anyway, they would have a case if they could prove it
Seattle, WA · Member since 2014 · 307 posts · 170 votes
12y
Said one more way, If you recieved a bid on that sewer line from a contractor (prior to sale) and it said it needed to be replaced and the bid stated it would cost 10-15k to replace. And your new owner in the future just happened to get a bid from a contractor and that contractor said "I remember this place"