What to o if a termite company contracted a fumigation company to tent a house in escrow but they broke a sprinkler head that flooded and caused $2,100 damage to the house?
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What to o if a termite company contracted a fumigation company to tent a house in escrow but they broke a sprinkler head that flooded and caused $2,100 damage to the house?
Buyer was not aware of anything until 3 days after moving in, who is responsible?
Asked on January 18, 2013 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The termite company would be liable for having caused the damage through negligence, or unreasonable carelessness.
If the flooding occured prior to the closing date, then the seller also would potentially be liable, since he or she did not provide the house in the condition it was supposed to be in. In that case, the buyer would likely sue the seller (assuming the seller does not voluntarily reimburse or compensate the buyer), since the flooding occured while the seller still owned the home; the seller then would have a cause of action against the termite company.
If the flooding occured after closing, the risk of lose was on the buyer, who in that case would proceed against the termite company.
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