Legal Question in Real Estate Law in Maryland

I am hoping to receive some clarification on a property damage issue. I am the owner of a condominium unit. There is one unit beneath mine that has been abandoned for the past 2 years. Recently, someone purchased the unit. After the purchase, the unit owner informed me that there was a leak coming from my bathroom and that it caused damage to her ceiling. We had the condo association maintenance staff come in to determine the source of the leak. A few days after their inspection, they informed me that my toilet was the cause of her damage. Around this time, without my knowledge, the unit owner replaced the damaged portion of her ceiling and the exhaust fan. This was before I had time to repair or replace my toilet. Not too long after that, she knocked on my door to inform me that the leak was still occurring and that �it was ruining her ceiling�. I was finally able to get a contractor in and within a week, had a new toilet and wax ring installed (the previous wax ring as worn, causing water to leak). After informing the unit owner of the repair, she informed me (by e-mail) that she would send me invoices for her damage after she returned from being out of town (there was no prior discussion regarding this). It was not until the day of my repair that I found out that this would be the second time she would have to replace the drywall and exhaust fan. I was under the impression that she was requesting reimbursement for one repair (which turned out to be the second). However, she has requested that I pay for both repairs.

I have requested for her to provide me with a copy of the home inspection report. If this leak was occurring and damage was already there prior to her settlement, am I entitled to pay for her first set of repairs, even though she purchased the unit �as is�? Secondly, am I entitled to pay for her second set of repairs since she had the work completed prior to me fixing the cause of the leak?


Asked on 9/29/10, 4:53 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

You will likely be liable for the damage to her unit. Whether she gets 2 bites at the apple is a different question -- she needed to give you a reasonable time to correct the problem prior to making her repairs.

The home inspection report is not relevant to the question. If she purchased her unit "as-is", it means she released the SELLER (perhaps a bank?), NOT any other party (you) that may or may not be liable for damage to her unit.

You may consider making a claim through your property insurance carrier.

Best of luck.******The above is for information purposes only and does not create an attorney-client privilege.*******

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Answered on 10/05/10, 8:45 am


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