If you get a real judge, no problem. If you get some idiot that thinks all
sellers are bad people and he want to make right for the world, who knows?
My last house was 35 years old and no problems with the drywall. Nor did
any other house on the street. IMO, they are out of luck. Please let us
know how you make out.
On 27 Jun 2006 16:35:24 -0700, " firstname.lastname@example.org"
Be on time in court. The plaintiff hopes you don't show up and wins by
default. This is a Civil matter and the Judge will rule on the
"preponderance of evidence". Which argument will tip the scale of
justice; so to speak, in favor of one or the other (51% vs 49%).
If you have counted all your "beans" and all is above board, as you
say then the lady will have to "prove" you knew about this. You can
already "prove" she accepted this home and it's condition. I cannot
image her being able to prove you knew about this problem unless
something is missing and you say it isn't.
I would not contact this person for any reason or even speak in court
until you stand before the Judge. I would also have in hand any
documents related to any offers, counter-offers, etc. that took place
during the buy / sell period. Have you spouse beside you, to speak
if necessary..... tip the scale. Good luck.
Demeanor is very important. I go to court a few times a year for comp claims
and such. Speak in a solid manner stating facts. Do not get emotional, get
loud, use swear words, etc. That is for the other person to make a food of
Have a list of solid facts to present your case. Date of sale, inspection
notes, no problems in the past, no evidence the situation existed, probable
it was caused by the new owner, can't disclose something that did not exist
and you have no knowledge of.
Yes, maintain good eye-ball contact with the Judge...listen and be
attentive when the Judge speaks.
With a big grin on my face; I would say, "Your Honor: the owner
neglected her property over X period of time, supposedly causing X
damage that I have never seen, nor was it there when I sold her the
home. Can you help her understand that?"
If that degree of maintenance is needed in order to avoid having the wall
collapse then there is something wrong with the installation IMO.
I agree on this one, with the proviso, "check with a lawyer"--blanket
statements that "the law says 2 years" are always suspect--there are 50
states in the US, each with their own laws, and over a thousand countries
that are not the US, each with their own laws, and we do not know where the
OP is located.
I am late on this thread but this line may help you when you go to court.
The life of wallboard behind a properly maintained surface is 20 years plus
and maybe longer. If not kept caulked and sealed it can rot out in a year
to 18 months. This is 35 plus years of home ownership and 25 plus years of
landlord experience speaking.
You should only be held responsible for defects of which you had knowledge
that you failed to disclose. Even if a problem existed and you had no
knowledge of that problem you are not responsible for losses that occur two
years after the sale.
That is the law on the subject. Now it depends on what type of judge you
get and which of you portrays the proper respect both to the judge and the
other party. Calm, positive and softly but well spoken.
They have to prove you knew of the problem and didnt disclose it!
Your in trouble if say you had a contractor repair to cover up the
damage, or told a neighbor the shower was bad.
just the fact its bad today doesnt matter, they must prove you knew and
Properly maintained and sealed were the keywords.
Greenboard is always better. Neither will last very long with leaky grout
joints. You get either of them wet on a regular basis and they will
crumble. Either can fail in less than 2 years with a lack of proper care.
Behind the tile it never has a chance to dry with daily water added.
If you haven't already, you should contact the attorney that handled the
closing for you. He or she should be able to get you out of this situation
and it may not be as expensive as you might perceive.
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