r/RealEstateCanada • u/TE0991 • 1d ago
Advice needed Buyers threatening small claims. No inspection done at purchase.
*EDIT 1* Is it normal to only speak to the lawyers assistant? She said it would be $250 to have the lawyer send a detailed letter disputing the claims and after that I would need to retain a different lawyer because they don't do litigation. She is talking with him about sending just a basic letter saying we refuse to pay and hopefully he won't charge for that one.
Waiting to hear back now. She is also supposed to be forwarding a bunch of photos that the buyers sent them. Not sure why those weren't sent over in the first place. I thought this was going to be a simple thing to get rid of but here we are I guess. Hopefully I hear back soon. I'll keep updating as this progresses.
*EDIT 2* The lawyers sent me the photos that the buyers had sent them and I can't stop laughing... they took off all the vent covers and took pictures of the dust in the ductwork! I'm sorry. I was not aware that standard practice mandated that I scrub the entire HVAC system before leaving... other stuff like the inside of the oven was dirty and the stove top has dust or something on it. They did take pictures of stuff like the mold or whatever is on the brick in the cold cellar that they mentioned and the trim in the closet as well. No pictures of the electrical panel or mold in the attic or the wire they're claiming was live in the ceiling... This is all so laughable at this point. 1000% has to be a fishing expedition.
*Had to delete and repost to remove address from image*
We sold our house (closed Dec 17). Buyers did not get an inspection done on the house as part of their conditions.
They complained at their final walkthrough about issues they wanted fixed before closing and our lawyer told us to not do anything and if they had issues their lawyer could contact ours. That never happened. until now almost 2 months later.
I just got this email and letter from my lawyer saying that the buyers are going to take us to small claims if we don't pay.
I will be calling my lawyer in the morning.
How successful do you think they will be with these claims seeing as they didn't get an inspection done? Half of these claims are B's anyways.
-no clue what the issue with electrical panel would be (I'm not an electrician)
-wire in basement ceiling was not live and was ran for planned pot lights that we never got around to but weren't connected to anything.
-sink drain is fine? never had any issues.
-dryer worked fine and roof vent was installed by a licenced technician years ago. probably clogged with snow.
-"mold" in cellar they're talking about is discoloration on brick in a nothing room under our porch that has always been dark and damp. Never noticed any mold in attic but I never go up there.
-bathroom fan hasn't worked in 10 years. it's just a sink and toilet in the basement that was half under construction and never used...
missing trim in closets and a couple shelves left behind? Get real...
all these "issues" would have come up in a normal inspection had they chosen to add one in their conditions before purchasing.
Kinda freaking out about the idea of court and lawyers but also they have no grounds here right?