when selling a house after a contract is written on the house, the sewer pipes burst, is my homeowners insurance liable for payment to fix pipes?

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when selling a house after a contract is written on the house, the sewer pipes burst, is my homeowners insurance liable for payment to fix pipes?

we are selling our house. our contract was written. in our disclosure it was
stated that we had roots in our sewer system. now that our pipes have burst, our
homeowners says it is not a claim that our homeowners covers. we are unable to
stay home for the repairs.

Asked on August 2, 2017 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your homeowner's insurance most likely is not liable. Insurance covers sudden damage due to unexpected events--e.g. a contractor or neighbor digging to do some work and damaging your pipe, or it bursting due to a sudden violent storm that so overloaded the system that water backed up under pressure from the sewers into your pipe, rupturing it, etc. Insurance does not cover 1) slow deterioration over time, like roots infiltrating over time; and 2) problems which existed and you were aware of at the time you bought the insurance.


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