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Buyer of our property sent us threatening letter

8,942 Views | 42 Replies | Last: 5 yr ago by DannyDuberstein
Jimmy Valentine
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12:50p, 2/19/19
We sold our house almost 4 months ago, and we just received a threatening letter directly from the buyer of the property accusing us of not disclosing issues with the house.

The first issue is a letter we received from the HOA when we owned the home in early 2018 saying our fence was not in compliance with C&R. At the time that we received the letter from the HOA, I reviewed the C&R and ignored the letter because the C&R did not have any language matching what the HOA letter said. I had since forgotten about the issue until now. The buyer is requesting that we pay to make the changes to the fence at this time, 4 months after we closed.

The buyer also accuses us, in the letter of not disclosing several other issues wrong with the house, but he failed to list what they are.

I have sent the threatening letter to our real estate agent asking them to advise, but I was curious what the group here thinks I am responsible for, if anything.
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SteveBott
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12:54p, 2/19/19
AG
What specifically was the problem with the fence?
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Jimmy Valentine
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In reply to SteveBott • 1:06p, 2/19/19
SteveBott said:
What specifically was the problem with the fence?
The letter says the 2 x 4s of the fence are not supposed to show from the street or our neighbors yard. The 2 x 4s of our fence do not show from the street, but you can see a ~15' section from the neighbors front yard.

It says nothing about how the fence needs to face in the Covenants & Restrictions. All it says is that it has to be a 6' cedar fence.

Also, from 2009, when we built the house, to 2018, we did not receive any notices regarding the fence from the HOA, and nothing had changed.
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Martin Q. Blank
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1:15p, 2/19/19
Ignore it until you get an actual lawsuit.
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SteveBott
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1:15p, 2/19/19
AG
The buyer could go lawyer on you but that would not pencil very well. He could go bare and file small claim court. I would reply with a detailed response citing the CRs and send certified letter and receipt requested and legally take a position.
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DriftwoodAg
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1:46p, 2/19/19
AG
Is this in Texas? We had to have our HOA certify that we didn't have any outstanding balances or violations to be able to close
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Jimmy Valentine
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In reply to DriftwoodAg • 2:00p, 2/19/19
hot_rod_9384 said:
Is this in Texas? We had to have our HOA certify that we didn't have any outstanding balances or violations to be able to close
Yes, this is in Texas. The HOA did not disclose that our property was in violation of any covenants or have any outstanding dues or fees at the time of closing.
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DriftwoodAg
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In reply to Jimmy Valentine • 2:15p, 2/19/19
AG
Jimmy Valentine said:
hot_rod_9384 said:
Is this in Texas? We had to have our HOA certify that we didn't have any outstanding balances or violations to be able to close
Yes, this is in Texas. The HOA did not disclose that our property was in violation of any covenants or have any outstanding dues or fees at the time of closing.
I am not a lawyer, but I would think since you did not respond to the letter and since they likely did not send the letter via certified mail, there is no way to prove you actually received the letter in 2018. Since they signed off saying you weren't in violation, you should be clear, unless your name is really Jimmy Valentine and they find this thread on TexAgs
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Bob_Ag
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2:39p, 2/19/19
AG
How did the buyer even find out about the letter sent in 2018? Did the HOA send another notice to them?
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Bob_Ag
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2:43p, 2/19/19
AG
Also, I'd be surprised if they lawyered up on the issue, but could take you to small claims. Even in that case, there are no real damages they could claim (for the fence, don't know about the other issues) and worst case the judge could award them the cost of repairing the fence.
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agsalaska
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3:44p, 2/19/19
AG
Also, this is beyond the scope of your real estate agent. If your agent is smart they are going to tell you to consult an attorney.


If I got a letter like that I would ignore it.
The trouble with quotes on the internet is that you never know if they are genuine. -- Abraham Lincoln.
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evestor1
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4:34p, 2/19/19
Call your title company. You likely paid for a resale HOA cert.
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Diggity
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5:43p, 2/19/19
AG
Don't see how the buyer would have a leg to stand on if they can't show that you were aware of an HOA violation and the HOA gave the sale its blessing.
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MTTANK
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7:54p, 2/19/19
AG
There are some favorable Texas laws about existing structures and treatment of violations by the HOA over time. We have restrictions in our neighborhood only allowing iron ore rock covering the culverts. For years they never enforced it and there are all kinds of different culvert treatments throughout the neighborhood. They never enforced it and allowed these homes over a period of time to regularly have different culverts then specified. It therefore makes the restrictions null and void. Not sure of the legal terminology and too lazy to look it up. I would say your fence more than easily would pass this test. Probably why the HOA never went any further after that letter.
GIG 'EM
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Diggity
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In reply to MTTANK • 8:18p, 2/19/19
AG
selective enforcement is a no-no
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CS78
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In reply to Bob_Ag • 10:42p, 2/19/19

Small claims can be a MFer. Elected JP judges with no required legal experience. Ive seen them ignore the evidence and legal standing and rule in favor of whomever they sympathize with. Often times the person filing the suite and voting in their precinct. And sometimes those rulings can be pretty substantial from the money side. I'm not saying to bow down but don't ever assume how things will turn out in court. Especially JP court.
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11:20p, 2/19/19
dubi
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In reply to Jimmy Valentine • 12:01p, 2/20/19
AG
Quote:
The first issue is a letter we received from the HOA when we owned the home in early 2018 saying our fence was not in compliance with C&R.
As mentioned above, if this initial letter was not certified this is all garbage.
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Picard
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1:03p, 2/20/19
AG
This would be you in court:

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Bob_Ag
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In reply to CS78 • 3:47p, 2/20/19
AG
CS78 said:

Small claims can be a MFer. Elected JP judges with no required legal experience. Ive seen them ignore the evidence and legal standing and rule in favor of whomever they sympathize with. Often times the person filing the suite and voting in their precinct. And sometimes those rulings can be pretty substantial from the money side. I'm not saying to bow down but don't ever assume how things will turn out in court. Especially JP court.
Those are some fairly broad strokes you are painting. My experience in small claims was nothing like you described. None the less, if they took him to court over the fence, they still have to prove damages beyond the cost of repairing the fence issue, and what would those be? Possibly a fine from the HOA, that's pretty much it.

But sure, anything can happen. That's why they can appeal within 10 days of the ruling and have it heard in front of a new judge.

That's all assuming this person has any evidence beyond his word of mouth.
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AGGIE WH08P
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10:06p, 2/20/19
AG
If you cared to, drive around the neighborhood and write down the addresses of every house that has a similar issue. If there are a bunch of fences like yours, you are fine. Make the new home owner aware of this. If you are the only one...then the new home owner might be sol.

If you do reply, get a copy of the old HOA guideliness and show the new owner that It never states anything about direction of 2x4 runners. And I agree about saying you never received the letter in the mail from HOA.

If there were truly other real issues with the home, how come his home inspection guy didn't catch any?
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Jimmy Valentine
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6:38p, 2/21/19
I found the Resale Certificate provided by the HOA that shows there were zero outstanding issues relating to my property at the time of close.

After speaking with my RE Agent, I also learned that the buyer has been complaining non-stop since we closed on the property about every tiny thing that he finds. He even complained to them about light bulbs that burned out shortly after they moved in.

My plan is to ignore any further complaints unless he tries to go through any legal channels, but based on the information I have now shouldn't go anywhere.

Thanks for the advice.
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AggiePlaya
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4:56p, 2/23/19
AG
Some buyers are just looking for someone to blame when reality of home ownership hits them...and they usually direct the blame at the sellers.
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decent looking Ag
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In reply to SteveBott • 10:56a, 2/24/19
SteveBott said:
The buyer could go lawyer on you but that would not pencil very well. He could go bare and file small claim court. I would reply with a detailed response citing the CRs and send certified letter and receipt requested and legally take a position.


This is terrible advice. Don't start taking legal positions without consulting a lawyer.

Ignore his letter. Don't dignify it with a response. If he pursues a legal remedy, then you can start paying attention.
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In reply to decent looking Ag • 7:20p, 2/24/19
SteveBott
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7:28p, 2/24/19
AG
Decent you a lawyer? Because Sasappis is. I have a good friend since HS that is one and I occasionally need advice on these type of issues and he ALWAYS recommends me writing a letter first to see if I can save paying him. Almost always works.

His council is free but his letters are not.
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decent looking Ag
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In reply to SteveBott • 7:55p, 2/24/19
SteveBott said:
Decent you a lawyer? Because Sasappis is. I have a good friend since HS that is one and I occasionally need advice on these type of issues and he ALWAYS recommends me writing a letter first to see if I can save paying him. Almost always works.

His council is free but his letters are not.


Yes, I am a lawyer.
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SteveBott
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8:00p, 2/24/19
AG
Then I'm very surprised with your advice. Meeting this DK head upfront and right away makes sense to me. If you can block him now you can give him notice he is not going to bully the OP. He seems the type if you give an inch he will want the whole football field
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decent looking Ag
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In reply to [removed post] • 8:02p, 2/24/19
Sasappis said:
decent looking Ag said:
SteveBott said:
The buyer could go lawyer on you but that would not pencil very well. He could go bare and file small claim court. I would reply with a detailed response citing the CRs and send certified letter and receipt requested and legally take a position.


This is terrible advice. Don't start taking legal positions without consulting a lawyer.

Ignore his letter. Don't dignify it with a response. If he pursues a legal remedy, then you can start paying attention.


I think this is terrible advice. Ignoring the letter makes it more likely that they will pursue additional action. It is easier and cheaper to address things early as opposed to ignoring a potential problem.


I disagree. Ignore it until the idiot puts his money where his mouth is. In my experience (which is extensive) there's a 99% chance he'll do nothing.
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SteveBott
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8:06p, 2/24/19
AG
But if he does put money up so will the OP. I would try to shut him down before that happens
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decent looking Ag
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In reply to SteveBott • 8:19p, 2/24/19
SteveBott said:
But if he does put money up so will the OP. I would try to shut him down before that happens


Nah. We're talking about some doofus shooting off ridiculous letters from home. Unless he either (1) hires a lawyer to send a demand letter or (2) files a lawsuit, Any of the litigators in my office (including me) would say he can go get ****ed. Don't even respond.

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SteveBott
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8:22p, 2/24/19
AG
He can file without a lawyer. Small claims court and it on
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decent looking Ag
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In reply to SteveBott • 8:27p, 2/24/19
SteveBott said:
He can file without a lawyer. Small claims court and it on


I didn't foreclose that possibility.
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Bonfire97
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9:52a, 2/26/19
AG
Quote:
Quote:
SteveBott said:
But if he does put money up so will the OP. I would try to shut him down before that happens


Nah. We're talking about some doofus shooting off ridiculous letters from home. Unless he either (1) hires a lawyer to send a demand letter or (2) files a lawsuit, Any of the litigators in my office (including me) would say he can go get ****ed. Don't even respond.
^^ This. If he takes legal action, then hire a good attorney and attack him back for lost time from work dealing with this, legal cost, etc.
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Martin Q. Blank
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In reply to [removed post] • 10:08a, 2/26/19
Sasappis said:
decent looking Ag said:
SteveBott said:
The buyer could go lawyer on you but that would not pencil very well. He could go bare and file small claim court. I would reply with a detailed response citing the CRs and send certified letter and receipt requested and legally take a position.


This is terrible advice. Don't start taking legal positions without consulting a lawyer.

Ignore his letter. Don't dignify it with a response. If he pursues a legal remedy, then you can start paying attention.
I think this is terrible advice. Ignoring the letter makes it more likely that they will pursue additional action. It is easier and cheaper to address things early as opposed to ignoring a potential problem.
You can only say something that will hurt you - acknowledging a problem, offering a solution that may hurt them, etc. Just say nothing.
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