Legal Question in Civil Litigation in Maryland
Paying for property damage causede by minor
Minor children has damaged 11 pieces of siding.The parents have agreed to pay the cost of replacing the damaged siding.The property is in the process of being settled. The new owner will only be satisfied with the parents paying for the whole house to be resided.He wants the parents to sign a paper to this effect so the house can go to settlement.He also expects that the parents abide by the contractors contract that if additional damage is found when removing the siding there will be additional cost.Can they do this? And if the house doesn't settle because of this can the parents be charged for the loss of the deposit?
2 Answers from Attorneys
Re: Paying for property damage causede by minor
When the damage occurred is important. Whether the buyer purchases the property or not is a separate matter. After the earnest money is paid into deposit the seller has the right to keep it. If the buyer wants to sue for the loss of the deposit, good luck to that buyer. If the seller wants to claim a loss of the sale then the seller has to prove up his damages. What exactly did the parents agree to and what, if anything, did they sign?
Re: Paying for property damage causede by minor
The answer to your question depends on when the siding was damaged. If the damage took place before the contract between buyer and seller was signed, the sellers have no responsibility to repair it, unless they expressly agreed in the contract to do so. This is because the damage to the siding would have been observable by the buyer when he inspected the property, and the law says you buy the property in its present condition. If the damage was incurred after the contract was signed pending settlement, the sellers are obligated to restore it to the condition it was in at the time the contract was signed. They certainly would not be obligated to replace all of the siding whether damaged or not. If the buyer refuses to go to settlement he is in breach of contract and the sellers can keep his deposit or sue for damages or specific performance if the contract so provides.