Legal Question in Real Estate Law in Oregon
Hello,
I recently purchased a home. Prior to the sale, a leak in the kitchen damaged the wood flooring and the seller agreed to pay to have it replaced. The replacement flooring looked beautiful and we closed on the sale. I used the diswasher for the first time and realized it didn't seem to be working, which was odd because I had a full inspection and the diswasher was in working order at that time. After some investigation, I determined the water to the diswasher was off. It must not have been turned back on after the floor was replaced and appiances re-installed. I turned the water on and the diswasher worked like a charm ...so I thought. The following day I noticed water on the kitchen floor. I immediately turned off the water, but the damage had already been done. I had a plumber take a look and he determinened the diswasher had been improperly connected, which caused it to leak and re-damage the floor.
According to the flooring company contract, the seller was responsible for taking out and putting back any appliances. Do I have a case against them? Since the seller accepted responsibility for re-installing the appliances, I would expect them to use reasonable care. Failure to turn on the water and confirm proper connection shows a lack of due dilligence, I would think. I've tried to resolve it outside of court, but they refuse to pay for the damage.
Do I have a case?
1 Answer from Attorneys
You would appear to have a good case. If you want to recover $7,500 or less, you can use small claims court. For more information, see http://www.osbar.org/public/pamphlets/smallclaims.html.
Be sure to get a written statement (declaration) from the plumber about the improper connection.
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