Demand Letter Dispute Response

Summary

In Rhode Island, sellers must disclose material defects. You disclosed a water issue and fixed it, meeting your obligations. Buyers can still sue, but they must prove your disclosures were misleading. Evidence like receipts or sworn statements can support your case. Consult a real estate attorney for personalized advice.

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We received a demand letter from the current owners of the home we previously owned in RI
Hi ****, could you please provide more details about the demands in the letter? This will help me provide more accurate information.
They state that what we wrote in the sellers disclosures is inaccurate because they experienced flooding in their garage. We wrote down in the disclosures that we had water come into the garage, reached out to the home builder, and he came to fix it. We never saw water again after the fix.
In Rhode Island, sellers are required to disclose material defects. Since you:
- Disclosed the water issue,
- Took steps to resolve it,
- Experienced no further issues,
it appears you've met your obligations. However, it's recommended to consult a real estate attorney for personalized advice.
Are the current buyers able to sue even if we met our obligations?
Yes, the buyers can sue if they believe your disclosures were inaccurate. However, you've shared relevant information and fixed the problem, which weakens their case. It's best to consult with a real estate attorney for advice tailored to your situation.
How would this court case look if it were to happen?
If a case were to arise:
- It would likely be a civil lawsuit.
- The buyers would need to prove your disclosures were intentionally misleading.
- Evidence of the issue and your efforts to fix it would be crucial.
- A judge or jury would decide whether your disclosures were sufficient.
Remember, this is general advice. Consult an attorney for personalized guidance.
What happens if we don't have the original text messages for proof to the builder or the builder denies fixing it?
In that situation:
- You can gather other evidence, like receipts or invoices.
- A sworn statement about the work done can help.
- If the builder denies fixing it, the court will consider all available evidence.
Remember, consult a real estate attorney for personalized advice.