During disclosures on a home we sold, the people that were purchasing our home asked about what was under the tile in one of the bathrooms, they were from a contracting background,
He asked if it was “hardibacker” I wrote in a statement that I believed it might be hardibacker. After they purchased the home they tore up the bathroom tile and decided it was not hardibacker and asked us to give them a credit after purchase.

We sold the home “AS Is” Our realter did not do his job of asking them not to contact us. They decided to get an attorney and tell us we gave them fraudulent info. My wife and I are not contractors and did not know the material that was under the tile floor.

What do we do?

Why would you ever put it in writing that it might be hardibacker when you had no clue whatsoever?

How much are they suing for? Is it more or less than what a lawyer would charge you to defend this?

Can they win? Maybe, maybe not. But my advice would be to seek out a lawyer. But if they only want let's say $1,000, the perhaps it is cheaper to pay them off and not have to worry about the whole legal process.

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Originally Posted by lpennisi

During disclosures on a home we sold, the people that were purchasing our home asked about what was under the tile in one of the bathrooms, they were from a contracting background,
He asked if it was “hardibacker” I wrote in a statement that I believed it might be hardibacker. After they purchased the home they tore up the bathroom tile and decided it was not hardibacker and asked us to give them a credit after purchase.

We sold the home “AS Is” Our realter did not do his job of asking them not to contact us. They decided to get an attorney and tell us we gave them fraudulent info. My wife and I are not contractors and did not know the material that was under the tile floor.

What do we do?

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Hire an attorney, since it appears they are going to sue you for it. Since the house contract sold as is there should be no real problem winning, but they can still try and sue. Many times the attorney letter is a cheap way to try to scare you. If you hire an attorney to write them a letter back, it may end there.

Also the note did say "you believe it is" not that it was. But if you did not know you should have just said you were not sure.

It is a common, very common trick to find something wrong and try to get some money back. It has happened 2 out of three houses I have sold.

One I settled, since they settled for 600 which was cheaper than going to court

Unfortunately, they have a history of playing this game with other people they have purchased from they asked for 3,000 for a 4ft * 4ft area.
We have sought legal guidance. Thank-you..