Breech of contract?

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mary927

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My condo went under contract earlier this summer, and following the inspection that the buyer had ordered, they requested three repairs to be completed upon closing on Sept 16, 2008. 1. Repair a brick on the exterior of the building, 2. repaint the wood trim around the windows, and 3. re-caulk all of the windows. I am unable to make repairs to common elements in our community without the consent of the board.

These three items are supposed to be maintained by the condo association, so upon my agreeing to the repairs, I contacted the management company for the condos requesting the repairs. During the time that the condo was under contract, the management of the condos switched hands-both companies had received notice of my requests, neither acted on the requests, as they felt they were not "emergency repairs." We then waited for the board to meet and decide how they would move forward.

On Sept 15, 2008, the buyers did a walk-through, didnt see anything of concern, but noticed the 3 repairs had not been made, and were reminded by their agent that the request had been submitted to have the repairs made. They said they were comfortable with this. On Sept. 16, they took possession of the condo. That night, they came home to wet carpet in the bedroom which was caused by a huge rain storm on 09/13 and 09/14 that came as a result of Hurricane Ike. (we live in Missouri) Now they want me to pay for it.

Here is my question: I have filed a claim with my insurance company, but my fear is that they will deny the claim. The association has refused to take any responsibility for the condition of the windows which probably played a part in the damage, although many people in our area had leaks in their homes, even those who never had a history of water issues. What am I responsible for? The wet carpet appeared to them on the night of our closing, and I need to know what is fair and what is not.

Thank you for your help in this matter.
 
What am I responsible for?
The carpet repair.

The wet carpet appeared to them on the night of our closing, and I need to know what is fair and what is not.
Ask the homeowners association about a partial refund for the repair since the lackthereof partially caused the damage.
 
Thank you for the response. Apparently, the board was contacted about this by the new owners, and they are refusing to do anything about it...they said they would review 3 bids for the repair, but to "take a number" because many other condos had water problems as well.

Would it be unfair to ask that the new homeowner split the cost of the $500 deductible if my insurance covers it?
 
Yes it would and that is because you sold a property that was supposed to be problem free to them. Best of luck to you!
 
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