Q: if i sold a house 2 years ago and they have been trying to sue me for what they said is moister under the house and we
i sold a house 8-2-21 and she came back with a law suit again me for moist under the house and we did not know about and nor did her inpector she hired see it. I have an active home owner policy on this house, that i did not know was still active. how do i turn this into the insurance company to pay for damages, they say were there before the sell.
A: Contact your insurance agent, and your real estate listing agent. You have 28 days from the service of the complaint to file an answer denying the claim of the buyer/plaintiff. Good luck.
Kelly A Rochotte agrees with this answer
More information is needed here, but if you ever knew or had reason to know about the moisture under the home or moisture damage, and did not disclose that on your residential disclosure form prior to sale, you can be liable. Generally speaking, property sales are "as-is," often referred to as "caveat emptor"--buyer beware. However, if the seller knows of any problems with the property, including moisture or water intrusion, and does not disclose the same, the buyer can file suit. They would have the burden of proof to show the court that you knew about the issue. These cases are difficult to bring before the court, and if you truly did not know and it was not found on her inspection, I doubt they will be successful.
This is between you and an attorney, but if you did know, or if you had prior service work done for moisture and water intrusion and didn't check "Yes" on your disclosures re water or moisture, you can be liable for fraud damages, including the buyer's attorney's fees, if the court decides in their favor. The best course of action here would be to consult with an attorney who can assist in an assessment of the evidence and whether the seller has any chance of success in their suit.
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