My husband and I received a letter in the mail from the buyer of our old home. She said the letter serves as “notice and demand” that we fix the drain in the garage or else she will take legal action which includes my wife and I paying all of her legal and court costs if she wins. She stated that we failed to mention a material defect in the drain in the garage on our disclosure statement. A material defect is something that can cause a health or safety issue and substantially reduce the value of the home. The drain overflows whenever the washer purges the water. It had been that way since my husband and I bought the home nearly 4 years ago, and we never thought of it as a problem. The water comes up above the drain lid and makes a shallow (less than 1" deep puddle) in a 4 foot by 6 foot size area around the drain. Then within 30 second or so, the water runs back down the drain. Within an hour the concrete floor is dry again. I even stuck a hose down the drain at full force one time and it was able to drain fine. There are no roots in the sewer system since we were able to flush the toilet and drain the bathtub at the same time with no trouble. I think the drain works the way it does by design and is not plugged. My husband and I do not feel it is a material defect. The buyer cited the possibility of future potential mold and noxious substances due to the drain which will aggrevate her current health situation. My husband and I think that is utter nonsense. Never has mold or noxious substances formed in the nearly four years we lived there due to the water overflow in the garage. I feel that if this was a problem it would have been detected in an inspection, which she chose not to have. Also, the lady never even looked at the home til 3 days before closing. Do you think this lady really has a case? She says my husband and I need to fix it in a timely manner or she will pursue legal action.