Sellers Disclosure Questions-Please help! - Posted by Ben
Posted by Ben on May 24, 2006 at 11:46:33:
This is for the state of Texas.
We sold a house a month ago. The buyer did not do a inspection before they bought the house. We filled out a sellers disclosure and gave it our real estate agent. He swore that he personally handed it over to the buyers real estate agent.
2-3 weeks after the closing of the house, the buyers real agent calls my real estate agent and states there is some major problem with the plumbing or sewer system. They are also stating that they may sue us. The buyers real estate agent is also stating that she never received the sellers disclosure and wants a sellers discloure. My real estate stated that he “threw away” his copy of the sellers disclosure after he handed a copy to the buyers real estate. We were never provided a copy of the sellers disclosure. Now our real estate wants us to fill out another sellers discloure and give it to them and predate it.
We never had any major problems with any plumbing or sewage system. Just minor everyday problems that we have called a plumber for once or twice in the 10+ years that we have lived in that house. Infact all the toilets and faucets were working properly when we sold the home to them.
MY QUESTIONS ARE:
Should the title company have a copy of the sellers discloure?
Do we need to fill out a second sellers disclosure and give it to the buyer? If so, do we need to predate it for before the closing date?
Isn’t it the buyer and her real estate agents responsibility to make sure they have all the papers before they leave the closing?
Is it possible for us to get sued? We stated NO to any major plumbing problems and NO to sewer system on the sellers disclosure(which they are stating they don’t have) because we didn’t have any problems.