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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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