Are the sellers of a house responsible for damages caused from something they were supposed to fix?

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Are the sellers of a house responsible for damages caused from something they were supposed to fix?

When we had an inspection done on our
house, the sellers were required to fix a wax
ring on a toilet. It’s been 3 months and now the
ceiling under that toilet has caved in due to this
wax rig that wasn’t correctly fixed… are the
sellers responsible? Should I take legal action
or would nothin come from that? Please help

Asked on October 13, 2016 under Real Estate Law, Kentucky

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the seller for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable seller would have exercised under the same or similar circumstances to prevent foreseeable harm).  The seller's negligence in not fixing the wax ring caused the ceiling to cave in.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs.


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