Legal Question in Real Estate Law in Indiana

real estate obligation

I recently sold my home. I put a new roof on myself at closing because he was using the fha program. I also purchased home insurance for the buyer and a home warranty. After the buyer took posession some shingles blew off the house the roof started to leak. The insurance covered the damage but now the buyer wants me to pay his deductible. Do you think I should be liable for his deductible.


Asked on 8/20/04, 11:17 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: real estate obligation

You have no further obligation. As I understand the situation, you sold the home on an FHA contract, which required you to install a new roof. And you provided a "home warranty" insurance policy. Since the closing, some of the new shingles blew off the roof. I presume this was the result of high winds, not poor installation. In any event, you owe this unfortunate person nothing further. No seller ever warrants a home against fire damage and weather damage. It is completely the buyer's responsibility. If the buyer wanted to have a "no deductible" homeowners policy, then he should have paid for it. If you provided a standard homeowners policy with standard deductibles, then you have already done more than should have been required. If the shingles fell off due to poor installation, then why did the buyer's casualty insurance pay anything? But assuming that was the case, the buyer's remedy would then be with the warranty policy. Sounds like this person wants to have everything and pay for nothing. Tell the creature to jump in a lake. Good luck.

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Answered on 8/20/04, 12:06 pm


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