Legal Question in Real Estate Law in Alabama
Post Closing Legal Obligation
Am I legally obligated to file an insurance claim for hail damage reported to the buyer AFTER closing?
I had an appraiser inspect before closing and elected to withdraw my my claim since the roof was only 1 1/2 years old and there was no leaking during major thunderstorms, weeks after the minor hail storm.
2 Answers from Attorneys
Re: Post Closing Legal Obligation
You are not compelled by law to file a claim with your insurance carrier, but if you fail to timely file a claim, then the carrier may use that as a basis to deny coverage. If the buyer is now claiming some sort of damage or water leaks, then make a claim with your carrier so your carrier can defend your interests and cover the claim. If you sold the home in "as is" condition and the roof was water tight with no leaks at the time of the sale, then any leaks being reported now by the new owner may be unrelated to the hail storm, but that is a determination that needs to be made by roofing experts retained by your insurance carrier. If you make a claim, do it both by phone and in writing (by fax or certified mail) and make sure you get a claim number for your records. Please note that the foregoing information is being provided based on the limited information contained in your question and does not constitute legal advice nor does it establish an attorney-client relationship between you and my firm. In order for you to rely on any information provided by my firm, you would first be required to retain my firm, execute a written engagement agreement and establish an attorney-client relationship. Good luck.
Re: Post Closing Legal Obligation
All known defects to a property should be disclosed prior to closing and you may be held liable for any damages resulting from known defects that were not disclosed to the buyer of the property.