Liability in the sale of a home | Legal aid

Questioner

In 2010 we sold our house (built in 2002). We indicated that there had been a leak in the attic (built in 2005) and that the contractor who had done the construction had repaired it. Now, early June 2016, we receive a letter from a lawyer for the people we sold the house to, stating that a storm (April 2015) had blown off panels from the roof structure. The insurance inspector determines that there may be a foil missing from the attachment of the panels. And whether we want to take liability for that. I understand from others with the same structure that more homes suffer from the same problem. Now I wonder to what extent we can be held liable.

Lawyer

You have properly indicated that there was a leak, and you have therefore fulfilled your duty to provide information. If you did not know that there was a defect in the construction (lack of foil), then you are not liable for the damage. If the buyer could prove that you were aware of this, then that would be different because you should have reported it.

Questioner

Thank you, this is very reassuring! How many words can I use most in the letter to the lawyer as a response? Is it useful to keep it short and only indicate that we do not accept liability, or give arguments why we do not accept liability?

Lawyer

I cannot answer that without knowing the purchase agreement, the deed of transfer and the letter from the lawyer. In any case, I would include the arguments as I gave them in my answer to your question. I suggest having the letter drawn up and sent by a lawyer (possibly under your legal expenses insurance). If you wish, you can contact me directly.