Legal Question in Real Estate Law in Arizona
Can neighbor prove that I'm responsible?
I live in a two-story condo (upper level), bought in July 04. They are converted apartments. After the first month I lived there I found my master-bath to be faulty. The property owners caulked all the cracks in the grout. Tried to have the property management (HOA) fix the problem and they said I bought it as is (pre-existing). So I tore out the bathroom and have not used it in a year and a half at all. In August 04 a puddle was found in the down stairs master bath. Had the pipes checked by a plumber who said they were fine, no leaks. There have been no complaints since. Problem is my down stairs neighbor tried to sell her condo. Potential buyer had a mold test done. Mold was found in her master-bath. No sell. Neighbor has yet to check wall for cause of leak. Wants a guarantee from me to fix if cause came from my unit. I have given no word. I would like to know who is responsible for the damage?
1 Answer from Attorneys
Re: Can neighbor prove that I'm responsible?
Interesting problem. I am not sure what you mean by neighbor wants a guarantee that you will fix something if it turns out to be caused by you.
It sounds like any damage was not done while you owned the property. You have not used the bathroom. I cannot see why you would "guarantee" anything. Is there evidence as to what even caused the mold? Maybe your neighbor had a "pre-existing condition" also, maybe her own plumbing leaked, like the connection around the shower handle, water that ran under the walls from an overflowing toilet, a leak in her pipes.
What are in your CC&Rs about common plumbing? Is the problem caused by common plumbing? Your plumbing? the neighbor's plumbing? A neighbor next door on the other side of the wall?
Be sympathetic, not antagonistic, but admit nothing and guarantee nothing, would be my opinion. It is more common sense than legal advise. Legal advise: do not guarantee anything you don't have to, are not required to, or when there is no viable claim against you.
Good luck. By the way, was there a mold test done when you purchased the property? Or on your neighbor's unit at the time of purchase?
These are issues for your thoughts, not discussion with your neighbor.
Sincerely,
James D. Jenkins
P.S. Is mold excluded from your homeowner's policy? If not, maybe you need to make a claim. And remember, your pipes checked out, so the water in your neighbor's unit probably came from that unit's plumbing.
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