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Saturday, 6 April 2019

Being sued for non-disclosure of death on property we were not aware of/mislead about when selling our house in California.

My wife and I were served papers this afternoon stating we we're being sued for "severe emotional distress and mental sufffering", "damages in a sum equal to the difference in what plaintiffs paid and the actual value of the property had the disclosure been made" as well as attorney and other legal fees.

Here's the story: we purchased the home early 2017. We signed a disclosure December 2016 saying we were made aware of a death on the property within the last 3 years and (the occupent died of natural causes). After a conversation with the seller's realtor we were under the impression the original owner of the home died. (We stupidly made the assumption that was the death the seller was referring to). She went on to tell us that after he died his grandchildren moved into the house while his wife was put in a home. They could no longer afford her care, which was why they were selling the property. Now come April 2018 we are selling the home. We were never given a date of the owners death so on our Seller's disclosure we said we were not aware of a death in the last three years. We sell the home May 2018. It is now April 2019. On our papers that were served to us they said that an occupent (who was not the original owner) died from a drug overdose in March 2016. We were never given specific names, dates or causes of death other than "in the last 3 years of natural causes." They claim we knew and withheld information.

Do they have a case against us?



Written By: marblesoup
Source: http://bit.ly/2G5oOmB

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