Q. Re. Selling A House As-Is In Georgia

[Peach State Property Buyers]

We sold a house "as-is" in the state of Georgia. We gave the guy who bought the house the write up that a structural engineer did on the house. Now, a few months later, the buyer calls us up to tell us that he's way over budget because of some foundation issues that he admits that no one knew about because you had to get "into" the house in order to know. Mind you, we owned the house 21 days total and did nothing to it. He wants us to help him pay for his rehab!!! Any resources re. as-is sales in the state of Georgia? Also, he called us the structural engineer who did the write up and went off on him AND he called up the realtor who brokered the deal when we bought it from the original owner and she sent him every email we had ever sent to her (which, I THINK is in violation of the GA Real Estate Commission laws.)

[brianb_cobbres]

What did it say in the sales contract? Did you use a standard GAR form? If so, AS-IS says that all parties agree that property is being sold 'as-is" with all faults including but not limited to lead-based paint and lead-based paint hazards and damage from termites and other wood destroying organisms. Sell shall have NO obligation to make repairs to Property.

That is pretty straight forward.

I would definatly follow up on the email issue.

[mike_mn]

If the buyer goes forward, it is likely that you, the buyer and seller RE broker Company(not agent), the structural engineer and possibly the previous seller and the brokers involved and any inspection companies invovled will all be sued to cover the cost of repairing the foundation. Whether he wins or not is for the court to decide.

In MN and many states, selling as-is only means that the buyers are buying based on the as is condition you tell them. Anything problems you don't tell them about, you may be responsible to fix later on. Since you made him fully aware there were foundation issues that you were unaware of and you provided him with a structural engineers report, you "should be" off the hook. Just make sure you have a better attorney than him. If you go in without an attorney, you will most likely lose. Howard might chime in here as he is in savanna and probably knows GA law on this, but I think it all comes down to whether or not you did every thing you could to disclose the deficiancies of the proeprty to the buyer in writing.

[Peach State Property Buyers]

Actually, in Georgia, we can sell houses as is with no disclosure. We gave him the structural engineering report because we usually get one done on any houses that we think might need foundation repair. I am DEFINITELY going to follow up on making the real estate agent get what's coming to her for trying to sell us out.

[Peach State Property Buyers]

The purchase contract reads, "6. PROPERTY CONDITION/LOSS OR DAMAGE: Property is sold in AS-IS condition. Seller has no obligation to make repairs to the property. However, Seller shall deliver the property in substantially the same condition as of the date of this agreement. If the property is destroyed or substantially damaged prior to closing, the Buyer shall have the right and option to void this contract and receive a full refund of all monies paid or Buyer may elect to complete the closing and to receive any and all insurance proceeds under the Seller’s insurance policy. Property is being sold with no disclosure and no termite letter. Buyer responsible for securing a termite letter, if required."

[brianb_cobbres]

Pretty straight forward. As-is with no disclosure. The buyer gambled and lost.

[Peach State Property Buyers]

Oh, I think he should be yelling at his general contractor since that's who is now telling him that he owes more money than the original estimate.

[Peach State Property Buyers]

I honestly think that his mistake was in using a general contractor that he knew and he just sort of let him loose on the job. Also, the buyer is out of state. I don't car what ANYONE says, you cannot keep tabs on a job when you live 7 hours away.

[Peach State Property Buyers]

Spivalaw, you out there???? ;)