The advice to check the statute of limitation time is a good idea. If
it hasn't expired, then you should just prepare your defense. From
what has been outlined, I believe you will win. Many states now have
tough disclosure laws. But, you can't disclose what you did not know
and for the plaintiff to prove what you did or didn't know is usually
very difficult. In the case of the tub, for instance, they would have
to prove that you knew about it. Your defense is straighforward and
solid. The buyer did not see it on looking the place over, the
inspector did not see it, and neither could you, because it was not
Same thing with the sprinklers. What time of year was it when the
place closed? If the sprinklers were not being used because it was
winter, etc, then how could you or anyone know if they worked? I'm
not sure what a home inspector would even do in that case. He could
turn them on to check, but then someone would have to winterize the
They will have to show that the defect was there at the time of sale.
For example, if they have a bill showing the insects were treated 2
months after closing, then that will likely be the end of that.
Insects can show up anytime, so they better have proof that they paid
to have it treated immediately after closing.
You may want to talk to the lawyer that handled the closing for some
advice too. However, if it were me, I would not pay for a lawyer
beryond that, as I think you will have a pretty easy time of it in
small claims. Most of these idiots do a good job of destroying their
own case when the judge sees all the bizarre crap they are trying to