Comments on: The (legal) importance of a home inspection http://raincityguide.com/2007/04/26/the-legal-importance-of-a-home-iinspection/ Seattle's Leading Resource for Real Estate Information Sat, 21 Nov 2009 06:01:18 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: craig http://raincityguide.com/2007/04/26/the-legal-importance-of-a-home-iinspection/#comment-211487 craig Fri, 16 Nov 2007 17:40:32 +0000 http://raincityguide.com/2007/04/26/the-legal-importance-of-a-home-iinspection/#comment-211487 This is not legal advice. If you want legal advice, you need to retain an attorney. A "leg to stand on" is a pretty flexible concept, particularly in small claims court where there are very relaxed rules of evidence. Every trial -- even small claims -- carries the risk of an adverse verdict and a finding of liability. Based on the facts that you've described, it sounds like you have a defense to the claim. However, you never know how a court will decide. Plus, the buyer may have additional evidence of which you are not aware right now. Good luck. This is not legal advice. If you want legal advice, you need to retain an attorney.

A “leg to stand on” is a pretty flexible concept, particularly in small claims court where there are very relaxed rules of evidence. Every trial — even small claims — carries the risk of an adverse verdict and a finding of liability. Based on the facts that you’ve described, it sounds like you have a defense to the claim. However, you never know how a court will decide. Plus, the buyer may have additional evidence of which you are not aware right now.

Good luck.

]]> By: CWM http://raincityguide.com/2007/04/26/the-legal-importance-of-a-home-iinspection/#comment-211356 CWM Fri, 16 Nov 2007 13:51:07 +0000 http://raincityguide.com/2007/04/26/the-legal-importance-of-a-home-iinspection/#comment-211356 I have a situation where the Buyer refused to retain specialized inspectors for the roof and mold. He is now coming back the me (the Seller) in small claims court claiming I knew about mold and a problem with the roof. I disclosed that the roof had been repaired 5 years prior and we knew nothing of mold. His general home inspector passed on the roof. No mold was obvious Does the buyer have a leg to stand on? I have a situation where the Buyer refused to retain specialized inspectors for the roof and mold. He is now coming back the me (the Seller) in small claims court claiming I knew about mold and a problem with the roof. I disclosed that the roof had been repaired 5 years prior and we knew nothing of mold. His general home inspector passed on the roof. No mold was obvious Does the buyer have a leg to stand on?

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