Being threatened with lawsuit.

[Ken Williams]

Hello, I am being threatened with a lawsuit on a property we sold for a failing sewer system. We put a clause in the contract about the sewer problem, which was the exact same clause we had in our contract when we purchased. The buyer knew there was a constant backup problem with the sewer line. My question: Does the buyer still have a right to come back on us for any damages at all, even when the sewer was disclosed in the contract?

He is asking for past records of work done on the sewer and who did the work. The only thing we did was snake the lines to clear the backup in the past. Should I show these records to the buyer or ignore the request?

Also, if a suit is brought against us should we go with a local real estate attorney? This was a commercial property in a small town with limited attorney presence. Would it be wise to go with a bigger attorney in the state, or even use our out of state attorney?

I will bounce some questions off of our real estate attorney on Monday, but this property is out of his state, and I have been worried about this after receiving word from the buyer today.

We sold the property at a discount and disclosed to the seller, so we tried to do the right thing by him.

I thought some of you might have experience and info you might be able to share. Any info would be appreciated.

Thanks

[Ryan Wright]

Threats and accutally being sued are two very, very, very diffrent things.

When so own makes the three I tell them to do it and stop talking about it. In most cases typically more confident that a judge will be logical than someone that is upset. As long as you disclosed properly you should be confident.

I wouldn't give them anything like or even spend the money on a phone call to your attorney. If you get served with papers then deal with it. Until then relax. Keep in. Mind what Fear is

F. Future
e. Events
A. Arn't
r. Real

I would not worry about it until it is real and stop talking to the buyer. Deal with it if and I mean if you get served.

Also if you did get served I would hire council in the state located for sure