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Damage After Sale

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Hoons

Member
What is the name of your state (only U.S. law)? Indiana

I sold a house with a condition I had to replace a window that dripped. I got estimates from our contractor and brought a check to the closing. Their contractor had a different estimate that was $300 more than my check. So I wrote another check for the balance at closing. A few weeks later, their contractor said the transom window above the window had a broken seal. They demanded I replace that too. So I wrote a third check (the condition DID say I had to pay for the window, transom and any rotten wood around the window, so I complied). I basically ended up paying for the entire thing (grand total, $2,000+)

Three weeks after the buyer took possession, the area had a horrible rain storm. He claimed the window poured water into the house damaging the wall, carpeting of that room, as well as the wall and carpet of the room below. My agent explained, in her opinion we were not responsible for this and that we'd met the obligation by paying for the entire window and installation. She tells me he is planning to take me to SCC for this as well as another issue. The other issue: the window delivered was the wrong color and he refused delivery. Now he's demanding I buy another one that is the right color. He wants another $2,000 for that. I'm told he's a very difficult person and in fact that his own agent quit him because he is being impossible to deal with.

Can I possibly be responsible for either situation? Damage from a storm after the change of ownership as well as forced to pay for another window because the first wasn't the original color?

I haven't received anything in the mail yet about this and it was about 4 weeks ago, but I'd like insight just in case I do. Thank you.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Indiana

I sold a house with a condition I had to replace a window that dripped. I got estimates from our contractor and brought a check to the closing. Their contractor had a different estimate that was $300 more than my check. So I wrote another check for the balance at closing. A few weeks later, their contractor said the transom window above the window had a broken seal. They demanded I replace that too. So I wrote a third check (the condition DID say I had to pay for the window, transom and any rotten wood around the window, so I complied). I basically ended up paying for the entire thing (grand total, $2,000+)

Three weeks after the buyer took possession, the area had a horrible rain storm. He claimed the window poured water into the house damaging the wall, carpeting of that room, as well as the wall and carpet of the room below. My agent explained, in her opinion we were not responsible for this and that we'd met the obligation by paying for the entire window and installation. She tells me he is planning to take me to SCC for this as well as another issue. The other issue: the window delivered was the wrong color and he refused delivery. Now he's demanding I buy another one that is the right color. He wants another $2,000 for that. I'm told he's a very difficult person and in fact that his own agent quit him because he is being impossible to deal with.

Can I possibly be responsible for either situation? Damage from a storm after the change of ownership as well as forced to pay for another window because the first wasn't the original color?

I haven't received anything in the mail yet about this and it was about 4 weeks ago, but I'd like insight just in case I do. Thank you.
If THEIR contractor did the window & transom replacement, then it is their contractor who has liability here, because THEY did the work and ordered the wrong color window.

You already fulfilled your obligation to pay for the window. The rest is on them - and their choice of contractor.

Just goes to show, more expensive is not always better or more superior.
 

Hoons

Member
I honestly don't know which contractor did the work. I assume theirs did since the original estimates were increased by their contractor after my contractor supplied them. Also, from my understanding, the contractor didn't order the wrong color, but rather the supplier delivered the wrong color. The thing for me is since I know longer live there, I'm not certain how I can be expected to oversee the repairs. I paid for them and I thought that's all I was expected to do.
 

justalayman

Senior Member
so, basically, you paid for the repairs and the buyer contracted to have them done and you were out of the picture, yes?

If so, tell them to get lost. You owe them nothing, including anything for the wrong color. Tell them to speak to the contractor they hired to do the work. It is between that contractor and the buyer.
 

Hoons

Member
Yes, indeed. OK, I'm more comfortable about that part. I'm still conerned somehow I will get stuck paying for the damage from the storm...

Their arguments will be:
Per the agreement, seller was to pay for all underlying damage the leaking window caused.
Seller was responsible for repair to original condition (including color)
The window repair was delayed due to wrong color being delivered.

My arguments: The damage from the storm is new damage that occurred after the sale of the house.
The window was completely torn apart by inspectors/contractors around the time of the sale and was NOT in the condition it was sold in (at worst it dripped water, not poured water)
The repair was delayed due to seller refusal to have it replaced due to color (my agent offered to have the window painted to original specs by our contractor and even the buyer's contractor, but buyer refused and shipped it back)
Three weeks is reasonable enough time to secure the window after the sale

What do you think?
 

justalayman

Senior Member
:
Per the agreement, seller was to pay for all underlying damage the leaking window caused.
and your argument would be buyer failed to mitigate the damages and is responsible for any additional damage.


Seller was responsible for repair to original condition (including color)
and your arguement will be: buyer assumed all control of the repair by accepting a cash payment for the value of the repair. IF you had actually had control of the repair, they might have an argument but since they accepted the money and they lorded over the repairs, it is their baby.


The window repair was delayed due to wrong color being delivered.
You did not contract the repair. the buyer did so you had no control over the contractor. Again, buyers problem.

I would tell them to get lost.
 

Hoons

Member
Thanks for the responses. I do feel better after reading them. I will be back with more detail if they go through with the suit.

Also, I'm trying to find out the outcome of the window being returned and if a new one was delivered. They way this guy sounds, it wouldn't surprise me if he demanded a refund from the supplier and pocketed the $1,100 I paid the supplier for the transom section, choosing not to have it fixed.
 

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