Real Estate Legal Question
My brother has had a situation come up & he asked for my advice & of course I thought of the Planet for possibles answers.
Here's the deal. He listed his 15 year old house for sale, listed with Remax & filled out the sellers disclosure on April 23rd. He got a very fast offer & they agreed on the price. The agent told him that the home inspector the buyers hired was a known deal killer in her words & to expect issues on the inspection. The inspection came back that the inspector stated there were settling issues & the basement floor was heaving.
He has never had any issues with water in the basement & the agent had a home inspector she knew check it out & he said it was minor settling & nothing major. Those buyers backed out & he relisted it again. The next buyers came & made an offer & they had a home inspection completed by a different inspector & he said there were minor settling issues in the basement & he put it on his report. They went ahead with the purchase.
My brother just got served as the buyers are sueing him for fraud as he never changed his disclosure statement. The buyers are also sueing the home inspector too. He doesn't think he did anything wrong as he never had water issues in the basement & he can't understand any of this. His agent never had him fill out another disclosure statement & he painted & put in new carpeting in the house.
What should he do & should he have anything to worry about? Anyone with real estate legal experience got any suggestions. The buyers want him to buy back the house which he can't afford since he just bought one. He is frazzled & can't understand how he did anything wrong.
Thanks for any help.
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