Is a former hownowner responsible for future problems?

Question

Is the former homeowner responsible for future problems?
Here's the deal: My husband and I rehabbed a house in the spring and sold it to a cop. Well, about a month ago, she called our home (which I find very invasive since we never gave her our number) and told us that we needed to repair all the plumbing since it was now shot, even though her prior inspection approved it. Now, she is a cop and said that since we didn't have permits, if we didn't pay her she would report us to the city, which would cause us to have a flag by our name for future rehabs. She also threatened a lawyer. In the end, after we considered legal, we just payed her the money only after she verbally promised that she would not call us again. Well, of course, today she called and left a message saying that she needed to talk to us. My husband and I are consulting a lawyer on Monday and not calling her back until then. Plus, I recordered her message from my machine just in case. Now, my main question, is this extort

Answer 1

What the police officer is doing sounds illegal. As I understand you, the police officer said she would not report you if you gave her money.

That is illegal. I would file a report with the Internal Affairs office and with the District Attorney's office.

With respect to the issue of permits and whether you are required to have them and for what work varies state by state, county by county and city by city.

If there was work done that required permits and you do not have permits and failed to disclose that fact, you may have some liability.

If there was work done by a licensed contractor or handyman that required permits and they failed to get permits, I recommend that you file a complaint with The State Contractors licensing board.

Where I live in California I filed a complaint against a contractor several years ago because that contractor had failed to get permits for work done for a prior owner. I did not discover this until I needed to have some work done that required a permit. The building inspector informed me that he found work that had been done without a permit.

Fortunately the contractor was still in business. The State Contractor's licensing board gave the contractor two choices. Either get permits done at the expense of the contractor at no charge to me or have his contractor's license revoked.

The contractor brought the work that he had done years ago up to code and got the required permits.

I recommend that you try to identify which work was done without permits and file complaints against the contractors who did the work.

If it is work that you did and a permit is required, I recommend that you contact the city and see what you will have to do to get permits on the work and then do what it takes to get the permits.

Because there are important legal issues here and this may not be as cut and dry as some real estate agents and REALTORS might think, I recommend that you hire an attorney who specializes in real estate law to help you with this. Also, Real estate agents and REALTORS cannot give you legal advide. They are not trained or licensed to give you legal advice. You have some important legal issues here, especially if there was work done without permits and that fact was not disclosed.
.

Answer 2

First thing you don't need a permit to rehab unless you do wiring or plumbing or major structrial changes to the home, If all you did was flooring (carpet), paint, cabinets, counter tops, and the county does not have flags by people names. Permits are issued by address. When you buy a house it is as is. I would call her captain and tell him if she does not stop calling you, you will contact interal affairs and the DA office and make charges that she is using authority as a cop to get you to make repairs on her house and she has already got money from you. You can make more problems for her than she can make for you.

Answer 3

If the plumbing was up to local code & certified by a registered plumber or approved inspector and you had a "U and O" properly issued there shouldn't be a problem.

Paying a cop to be quiet? That sounds like extortion.

Answer 4

Yes, under some circumstances, the seller of a home can be responsible for future problems.

In most states, there is a requirement that the seller of a home provide the buyer with a disclosure of property defects. Did you provide the disclosure and did you tell the buyer there were problems with the plumbing if you had knowledge of them?

Did you make changes to the house without getting the necesssary permits and inspections? If the answer is yes, did you disclose this situation?

The fact that she had an inspection may or may not provide you with any defense. You would need to have your attorney check the law in your state to find out what a home inspector is responsible for. In the state where I live, they are not responsible for ferreting out defects that are hidden (for example, they are not required to dig up sewer lines to inspect them or rip out dry-wall to inspect electrical wiring); they are not responsible for determining if permits and inspections were properly obtained; and, they are also not held to the same standard of knowledge as a licensed contractor such as an electrician or plumber.

Now, for the actions of the buyer-police officer. If she used her position as a police officer to obtain your phone number for her own personal use, she could have a problem (it's sometimes referred to as acting "under color of law").

Is your phone number listed in the phone book or could she have obtained it by calling directory assistance? If you have an unpublished phone number and she used her position to get the phone company to disclose your number, she may have acted improperly. That's something you need to discuss with your attorney.

Answer 5

Hi,
This "Cop" is extorting money from you, and her badge should be pulled. The only way to deal with this type of person is to get legal on her. File a complaint with her dept. too, and don't hold back. I bet she scams people all the time while in uniform. Smells like a bad cop to me. We had names for cops like this back in the sixties. Can you spell oink! Cops like this give good cops a bad name. Hang her butt out to dry.

Answer 6

If everything was up to code, and inspected by her inspector, and approved, your not liable for anything. It's documented that everything was fine. Once they signed ownership of the house, unless there are other stipulations on that agreement, your not responsible for anything on that house in the future.

I wouldn't of paid her anything, and consulted a lawyer in the 1st place if she was threating you already.

You gave into her once cause she threatened you, and she'll keep on doing it till you put your foot down, and stop them.

Answer 7

Wow, if it is not extortion, it is certainly abuse of authority and it is certain that she will be facing some sort of action by her department, if you complain.

You definately need an attorney. Do not speak to her until you have been advised by your counsel.

By any chance, were you represented by a Realtor? If so, you need to contact them and advise them of what is going on with the house.

Answer 8

sounds exactly like extortation . You have no responsibilities after the sale of a house . Also the recorded conversation is useless unless you informed her you were recording it .

Answer 9

call internal affairs; this is a criminal
act the occupant is commiting.