First off I live in Missouri
I sold a house in august of 2006. Today September 11 of 2007 I get a sumons that I'm being sued for 9200 dollars, plus interest and legal fees or a grand total of about 15k, for breach of contract.
They are sueing me and a roofing contractor I used to put a roof on the house before it sold. I know I probably made a mistake but put in the contract that a new rood would be put on the house, in the sales agreement. I also made sure that I had the right to inspection in the contract. From what I can tell I've done everything that the contract states as a requirement for the sale of the house. What I'm being sued for is that roof is leaking and they are claim I agreed to buy a new sky light, which I never did.
There where several amentments that where contingent on the sale of the house and we did all those and put a new roof on the house. I know they where having problems with the house leaking so I gave them the number to the roofer and even called him myself to get him over there. He went over 3 times and tried to fix the problem and the last time he told them they needed a new sky light and that he would install it for them for free once they bought it.
I've spoke with a lawyer about the issue and he told me I've done my end of the deal and that the inspection was what basically releases me from being responsible down the road. I was under the impression that the roof was fine, no corners where cut as far as I could tell and I used someone that had refereneces. Also while we lived there the roof never leaked.
I spoke with another lawyer and he was very concerned that I had the roof in the contract. So I'm not sure who to believe on this or what really to think. What they are suing for is outragous and I got no benifit from this. We sold the house for less then our asking price and had to pay for the roof, throw in our refridgerator and all our window covering. One a 125k house that is a big concession and now they are suing for another 15k.
Any help would be great. After talking with the first lawyer I was thinking of going to court unrepresented but the second lawyer has me worried. My wife is in absolute horror of the issue and is scared we will lose our current house because we don't have that kind of money.
as an aside: isn't waiting a year to correct the problem and then suing for damages excessive?