Can someone sue you after they buy your house?
Asked by: Leda Russel | Last update: July 14, 2025Score: 4.4/5 (63 votes)
The first major thing that the seller has the duty to accurately disclose is the defects in the home. No matter what, they must tell you about
Can someone sue after buying a house?
The duty of sellers to disclose defects
If a buyer discovers hidden defects or unforeseen issues after closing, they may be able to sue the seller for damages.
How long after you sell your house can you be sued?
Post-sale statute of limitations for liabilities
Here are a few examples of the statute of limitation periods in five states: California: 4 years for written contracts, 3 years for property damage. Florida: 5 years for written contracts, 4 years for property damage.
How long are you liable after selling a house as is?
California is clear about liability laws
This means the buyers have three years to sue you if you failed to fully disclose issues or defects in your home before you sold it.
What happens if something goes wrong after you buy a house?
If the homebuyer has evidence that the seller knew or should have known about the undisclosed defect, the buyer may have legal action for nondisclosures or negligent misrepresentation. If the home inspector overlooked a material defect, they may have to refund the cost of the home inspection report.
If Someone Sues You Can They Take Your House?
Who is liable if defects are found after a home inspection?
If you can prove that the seller knew about a material defect at the time of the sale and failed to disclose that information, the seller could face liability. They may be responsible for the cost of the repairs. A material defect is not a minor issue (ex: chipped paint, broken floor tile).
Can a home buyer back out after closing?
In CA, "cooling off" period is three days after you sign the closing disclosure from the lender. So once you sign and fund, you're already out of it.
Can the seller sue the buyer?
The short answer is yes, a seller can hypothetically sue a buyer for backing out. But it depends heavily on the circumstances and reasons surrounding the contract termination.
Are the sellers of a house liable for repairs after the closing?
Is the Seller Responsible for Any Repairs After Closing? Sellers aren't liable for the cost of repairs if they weren't aware of the issues before closing. However, a seller can be held responsible if they knew about the problems and didn't disclose them to the buyer.
Can a seller be held liable?
California law states that a seller who willfully or negligently fails their duty to the seller shall be liable for the amount of damages suffered by the buyer. The remedies California law offers for the buyer are: Damages. Specific performance (if the seller is forced to fix the error rather than pay money for it)
Can a buyer sue a seller for not closing?
Possible consequences of backing out
The language of real estate contracts is typically written to protect buyers. And in many cases, a home seller who reneges on a purchase contract can be sued for breach of contract. A judge could order the seller to sign over a deed and complete the sale anyway.
Can you sue a previous homeowner for mold?
If you bought a home that was built by someone else, you may be able to sue the previous owner and their real estate agent for failing to disclose the mold infestation. You also may be able to sue the property inspector for failing to notice and inform you of the mold.
Can realtors sue buyers?
Can a realtor sue a buyer? A realtor can sue buyers and sellers. This is typically on account of a breach of contract. It may also occur if they feel that a commission has been withheld.
Can you take someone's house in a lawsuit?
Here in California, homesteading protects you up to $300,000 of your property value. If your property is perhaps valued at $400,000, this is an area you'd really need to consult with a lawyer about if the lawsuit would exceed the $300K homestead protection.
Can you sue someone for not giving you your property back?
Assuming you are in the US, most states have a common law action called replevin, where you are asking the court to order the person having your property to give it back to you. Replevin will have to be brought in a court of general jurisdiction; not small claims court.
Can you sue a previous homeowner for termites?
Most Termite Lawsuits Recover Repair Costs
Usually, you would file a lawsuit against the seller for monetary damages. If you are successful, they would need to pay you for the amount of money it would cost to repair the damage.
How long are you liable after selling a house?
The statute of limitations for a buyer to bring a lawsuit against a seller for non-disclosure or misrepresentation is generally three years from the date the buyer discovered, or reasonably should have discovered, the defect (California Code of Civil Procedure § 338).
Can anything go wrong after closing on a house?
Disputes over closing costs
However, problems may emerge if those terms are not clear, or if closing costs significantly increase beyond what was expected. If that happens, it is possible the transaction will be halted until any issues can be sorted out.
What happens if seller does not make repairs before closing?
After the inspection, the buyer's and seller's real estate agents negotiate any repairs needed. If the new agreement states that the seller has agreed to complete the repairs but then they do not, the seller is not complying to the terms of the contract, and you can back out.
Can someone sue me after buying my house?
The first major thing that the seller has the duty to accurately disclose is the defects in the home. No matter what, they must tell you about latent defects. Then, they must also disclose any encumbrances on the property. If they do not, they can be sued after the sale when you discover whatever is wrong.
How often do buyers back out at closing?
3.9% of real estate sales fail after the contract is signed.
There's nothing more frustrating than having a buyer back out at the last second. Even if you're lucky and the house sells quickly and above the asking price after a heated bidding war, many things can go wrong that cause a deal to fall through.
What is seller negligent?
For example, a seller might lie about a known issue with the property, such as foundation problems, in hopes of securing a sale. Negligent Misrepresentation – In this case, the misinformation is provided unintentionally but results from a failure to verify facts.
Can you sue a buyer for backing out of a home sale?
In these cases, sellers sue buyers because there are no legal grounds for ending the sales. If this happens during your home sale, you could pursue legal action against the buyer. You can take them to court for damages, time wasted, or money lost. Many homeowners ask to keep the earnest money deposit to cover damages.
What happens if the seller won't leave the house after closing?
Most home purchase agreements have a standard clause similar to this example: “If the seller fails to vacate the property as agreed, the seller shall be responsible for all additional expenses, including attorney's fees, incurred by the buyer in order to take possession as a result of the seller's failure to vacate.”
Can a closing be reversed?
Yes. For certain types of mortgages, after you sign your mortgage closing documents, you may be able to change your mind. You have the right to cancel, also known as the right of rescission, for most non-purchase money mortgages.