Louisville, KY asked in Civil Litigation for Kentucky

Q: Help we are being sued by our home buyer 18 months after closing for the entire price of the home.

We had some major water issues in our lower level in 2006 when Beargrass creek overran its banks due torrential rains and a tarp that was blocking the stream. We repaired the damage and installed a large sump pump and my husband improved the drainage from the house by installing PVC pipe from the gutter drainage to the stream. After making these improvements we did not experience any more issues from 2008 to 2016. These improvements were shown to the buyer by my husband and outlined in a detailed disclosure statement. The buyers had issues with the stream overflowing and water in the lower level once again in 2/2018 and as a result are suing us for the cost of the home ( $300,000). A letter from a lawyer states that we need to pay them this amount in 30 days. What do we do now?

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3 Lawyer Answers
Brent Cox
Brent Cox
Answered
  • Lexington, KY
  • Licensed in Kentucky

A: You need to hire an attorney as soon as possible. You may have defenses to this lawsuit which an attorney can present. Good luck!

Brian Paul Halloran
Brian Paul Halloran
Answered
  • Fort Wright, KY
  • Licensed in Kentucky

A: Hire counsel and respond to the lawyers demands. Sounds like you haven't yet been sued, but have a demand for payment. You have defenses, so get counsel to assert them.

Timothy Denison
Timothy Denison
Answered
  • Louisville, KY
  • Licensed in Kentucky

A: You must hire a lawyer immediately to respond to the lawsuit. If this defect and repair was disclosed to them prior to the purchase, you very likely have a defense to the suit.

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