Is the seller responsible for repairs if they were unknown to you after closing ?

Asked by Larry, East Orange, NJ Thu Jun 30, 2011

water damage occurred to floor do to faulty Storm Door that leaked water during rain storms, since I never in the unit during a storm or when the floors had water on them I could not see the damage being done.
Know the floor's wood panels are buckling and warping and must be repaired.
The seller has agreed to repair the floor, but that was six months ago. Please advise.

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Ron Thomas, Agent, Fresno, CA
Fri Dec 16, 2011
Was the warping damage evident when the Inspections were done?
Did you do Inspections?
Did the Owner disclose the leak and the warping?
What repairs did the Owner agree to?
Did you both agree to Arbetration/Mediation?

You need the answer to these questions.

Good luck and may God bless
0 votes
G Alexander, , New Jersey
Fri Dec 16, 2011
He may be liable if he represented that everything is in good working order. However it would be difficult to prove, and collect from him
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Jeanne Feeni…, Agent, Basking Ridge, NJ
Sat Jul 2, 2011
Hi Larry, good responses - talk with the attorney that assisted you - but generally you have no recourse after title has transferred.

Jeanne Feenick
Unwavering Commitment to Service
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0 votes
Lyle Wolf, Agent, Morristown, NJ
Fri Jul 1, 2011
You need to review the facts regarding your situation with an attorney. The attorney can advise whether you have any recourse with the seller.
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Annette Levi…, , New York, NY
Thu Jun 30, 2011
Did you have a home inspector check out the house? If they found damage or repairs that needed to be done you could have negotiated at that time. After you have closed on the house, the seller is no longer responsible.
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Gina Chirico, Agent, Fairfield, NJ
Thu Jun 30, 2011

I understand that you were never in the home during a rainstorm but when you bought the home was there damage to the floor or once you were the owner, the repeated water caused the damage? When the seller agreed to the repair, do you have this in writing? Was it part of your contract? Does your attorney have a letter from their attorney stating that they would repair the flooring? If yes, contact your attorney and have him handle it. If it wasn't in writing, you may have a hard time getting the seller to pay for these repairs.

Good luck,

Gina Chirico, Sales Associate
Lattimer Realty
0 votes
Larry Stephe…, Agent, Turnersville, NJ
Thu Jun 30, 2011

You will need to take a look at your Contract. There is typically a clause that states the seller is no longer responsible upon settlement. This question would be better directed to your attorney.

Best wishes.
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