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northeastern Ohio | We would need to see the entire contract to form a legal opinion. Most likely, this "warranty" is limited in some way. The contract "should" spell out what recourse is available and the term limit for such recourse.
I would guess that the "warranty" expired at closing and that there is a paragraph in the contract that says "all inspections must be completed prior to closing".
It just sounds like a feel good clause. Makes the buyer feel good but offers no recourse. The buyer can sue, unless the buyer waived that right in the contract (buyer agrees that all conflicts be resolved by mediation/arbitration). But when you are the plaintiff, the burden of proof is on you. You must provide evidence that proves you have been harmed. You have to hire experts, pay for lab tests, ect. It is not an easy case to win. They could very easily argue that the buyer has been in the house for xxx days and is the one cooking the meth (not sure the buyer could prove WHEN the meth was cooked).
For $500, a lawyer will look at the contract and tell the buyer if they have a case against the realtor. I am guessing the answer will be no. | |
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Real estate law experts
