Legal Question in Real Estate Law in Kansas

We are under contract to buy a home and before closing an upstairs water pipe froze and burst. It did extensive damage to the downstairs. The owner, a bank, filed a claim with their insurance company who claims the bank is at fault due to negligence since the house was not winterized while it was vacant. Who is responsible for the repairs and what rights, if any, do we have in this instance?

Asked on 1/26/16, 2:30 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Your contract might say or make it otherwise, but the seller is responsible for maturing the property up to closing. Unless your purchase agreement alters the geral rule, the back would have the damage fixed, otherwise, you probably have grounds to cancel the sale.

On a practical stance, you get the house that you buy. If you go through with the closing without the repairs, you may have bought the house with the damage. Therefore, you may have tough time getting the seller to recompense you for the repair costs. Make sure they're insurer here the

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Answered on 1/27/16, 12:44 pm

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