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beachdudes

Water intrusion arbitration

3 posts in this topic

Twenty three months after closing on our house sale the buyers have filed for binding arbitration for water intrusion in cement storage room in lower level. We lived in the home 14 years and NEVER had any water issues in the cement storage area/room they are claiming. They are claiming over $20K 

in water damage from the front stoop leaking into this cement room. They stated it leaked 18 times since closing and has caused them not to enjoy the property.

They did have an inspection done, walk thru the day of closing AND we allowed them to store personal belongings in this room apprx, two weeks before closing. 

NO water damage happened to their property during this time and none ever to our belongings stored in this room. We can not find our copy of the inspection report and they will 

not release access to it . We assume they will have to present/release it to the arbitrator.? They are stating we misrepresented this on the disclosure. Again, we never had water issues 

and how could we disclose something we didn't know about? Per the internet 2016 was the wettest in MN history. After 18x one would think they would have mitigated the issue? 

Help --- we have hired a lawyer and spent $ on this issue we had no knowledge of. Thoughts/opinions please! 

 

 

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Rely on your lawyer.

 

Even in arbitration you should be able to engage in Discovery and compel the buyer to provide the document.

 

Your lawyer will know how.

 

 

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13 hours ago, beachdudes said:

We assume they will have to present/release it to the arbitrator.?

 

Despite your use of a question mark, this sentence isn't a question.  If your intent was to ask whether your assumption is correct, it's up to the plaintiff (typically called a petitioner in arbitration) to decide what evidence to present in support of his/her case.  You should, however, be entitled to obtain a copy through discovery in the arbitration.

 

 

13 hours ago, beachdudes said:

how could we disclose something we didn't know about?

 

I assume this is a rhetorical question.

 

 

13 hours ago, beachdudes said:

After 18x one would think they would have mitigated the issue?

 

Again, not a question despite use of a question mark.

 

 

13 hours ago, beachdudes said:

Help --- we have hired a lawyer

 

What "help" are you seeking or do you think folks on a message board can provide that your attorney cannot?

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