Legal Question in Real Estate Law in California

liability for wind blowing off vent cap on day escrow closes

I replaced a water heater vent pipe by extending it 12'' past the roof according to the inspection report. then I moved out of the house. On 9/15-9/18 the house was tented for termites. They knocked over the vent pipe. On 9/19, the buyer showed up 35 min late for the final walkthrough. Meanwhile, a client of my real estate agent showed up and put the vent pipe back up and screwed it in. Buyer commented that one screw seemed loose. I signed off on that. On 9/21 when escrow closed, strong winds blew off the vent cap. 2 days later, my agent emails me about the wind. Meanwhile, the buyer hired a plumber ($200) who secures the vent back in place. He's threatening to take me to small claims if I don't pay for the bill. I had given him $200 credit for non-recurring costs and paid for a home warranty plan ($315). Am I liable for the $200 bill? Can't he take it out of non-recurring costs? My agent will not advise me.


Asked on 9/29/04, 4:28 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: liability for wind blowing off vent cap on day escrow closes

If you had had a professional put on the vent cap, it would have been his problem, not yours. Since you put it on, it is your problem, not the buyeres. The $200 was for non-recurring closing costs, not for construction defects (your work). It is your obligation.

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Answered on 9/29/04, 7:13 pm


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