Sued over HVAC- 1 year after sale

Sued over HVAC- 1 year after sale

Franklin, TN · Member since 2016 · 36 posts · 10 votes

I just got a law suit in the mail today from my personal residence I sold last year in Virginia. The new owners are suing saying "the previous owner defrauded by not disclosing HVAC issues." Turns out Virginia is a non-disclosure state. Oh well. They want $2k. Its not the end of the world but I'm getting a lawyer involved. 

Sale date 6/4/15. Law suit 7/1/16. 

No real question here. Just needed to vent.  

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  • Real Estate Broker · Tampa, FL · Member since 2016 · 84 posts · 24 votes
    10y
    Why would they wait a year before bringing it to your attention? Not familiar with VA but didn't they have the opportunity to inspect the property prior to closing?
  • Franklin, TN · Member since 2016 · 36 posts · 10 votes
    10y

    They did. They even had a detailed home inspection with no report of issues. It was leaking freon but I topped it off a couple of times over the three years I lived there. They got the repair notes from the AC company which said that they told me it was leaking. 

    They first tried to sue the realtor for negligence and not encouraging a home warranty. Their lawyer shot that down quickly. I'm calling the same guy, hopefully he can do the same for me. 

  • Investor · PO, WA · Member since 2015 · 197 posts · 95 votes
    10y

    stunning to see such insane behavior...sue for this, sue for that...why don't they sue the inspector who didn't mention it, or the AC manufacture because there is a leak, or the freon manufacture because their  product is leaking, etc.  for $2K i would say see you in court.  In the meantime, landlords are the jerks when we sue to get the rent the tenant decided they weren't going to pay even though they agreed to the terms...crazy world.  

    best of luck

  • Franklin, TN · Member since 2016 · 36 posts · 10 votes
    10y

    Thanks. I told my wife I would pay them $250 or offer to buy the house back for $25k less than they bought it for. It would be a cash cow as a rental if I did that. 

  • Inspector · Freeport, NY · Member since 2013 · 136 posts · 36 votes
    10y

    I don't think they have a case after a year of living in the house.  Let them take you to court.

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