Problem after closing in New Hampshire

What is the name of your state? New Hampshire
We inspected the house Thursday PM and closed Friday AM. Overnight, most of the pipes froze and broke (the toilet even cracked!) in the house. Two days after, water started pouring in to the house from ice dams on the roof. The realtors are pushing us to claim this on our homeowner's policy, however, we feel it should be the sellers responsibliity. Who should repair the damage?

[HomeGuru]

[quote]Originally posted by bhogue
[b]What is the name of your state? New Hampshire
We inspected the house Thursday PM and closed Friday AM. Overnight, most of the pipes froze and broke (the toilet even cracked!) in the house. Two days after, water started pouring in to the house from ice dams on the roof. The realtors are pushing us to claim this on our homeowner's policy, however, we feel it should be the sellers responsibliity. Who should repair the damage?

**A: ok, this is Wed of the following week. Have you not notified your insurance agent?

Notified insurance agent the monday after (January 27)...she said there could be issues since the damage occured before we took title to the house.

BTW, we had the house inspected and we have video and photos of the house (first house...we were exicited ) from when we signed the purchase and sales agreement showing all of the newly damaged areas in good repair.

[HomeGuru]

[quote]Originally posted by bhogue
[b]Notified insurance agent the monday after (January 27)...she said there could be issues since the damage occured before we took title to the house.

**A: if the damage occured before you closed, then the Seller must notify THEIR insurance carrier. You are not responsible since you did not own the property at the time of the damage.

[faithandhope]

It is always the seller's responsibility to maintain the house so that when you take possesion of it, it is in the condition on which you based the contract. They should have taken precautions for winterizing. You need to get this corrected as soon as possible so that more damage does not occur and cleaning can begin. Also, did the freeze damage occur Thurs. night before the Fri. am close or the Fri. night after close? Get your realtors involved as well, that's what they are there for. Best of luck.

[HomeGuru]

faithandhope, good to hear from you my dear. Where have you been?
Watching too many games and running the home inspection biz I suppose.
Please visit more often. We need your expertise around here.

Your friend,

HG

[faithandhope]

Thank you. Good to be back, but you guys have been doing a wonderful job as I have been dropping in from time to time. Holidays and teenagers have made me comotose but I usually start waking up now till spring. I'll try and pay more attention.

Thank you for the information. The freezing occured Thursday night before closing. The realtors, including our buyer agent, have been pressuring us to try to claim the damage on our homeowner's policy. The seller's have offered $300 even though I have estimates for almost $1800. We are going to hire a lawyer.

[HomeGuru]

Tell your agent that it is against the law and insurance fraud to file a claim on your policy for damages that occured before you took legal title and ownership of the property.

[FarmerJ]

Just curious here . Did anyone offer any reason as to why the heat wasnt being kept at 45 to 55 in order to prevent freeze up damage to you ? while the plumbing was not winterized ?

[HomeGuru]

[quote]Originally posted by FarmerJ
[b]Just curious here . Did anyone offer any reason as to why the heat wasnt being kept at 45 to 55 in order to prevent freeze up damage to you ? while the plumbing was not winterized ?

**A: FarmerJ, I have a feeling that the utilities were shut already off by the Sellers.

That is the best part. The house was vacant. The sellers live in Rhode Island (the house is in New Hampshire). The sellers realtor doesn't know who turned off the water. He believes someone snuck into the house and turned off the water. I feel like I'm getting the run around from the realtors. Like I said, I'll let the lawyer handle it.

[HomeGuru]

Please keep us posted.

[faithandhope]

Also, contact the seller's realtor and explain that as part of his job, he needs to get it handled and if they do do not, contact the agent's broker. There was neglect on the part of the seller and agent and it was still in their possession. Get your realtor to pressure as well. But I'm curious, if the water was turned off, it seems the inspector would have noted that, because he would not have been able to check everything. So someone had to give the turnoff order. Best of Luck.