Legal Question in Real Estate Law in North Carolina

I closed on a home on March 31 2010. On March 28 2010 there was a severe hailstorm that damaged the roof to the house. I already had my walkthru and inspection and didn't discover until about April 15th that there was hail damage. My insurance company won't cover the damage because the house wasn't mine until closing date and the storm occured 3 days prior. Are the previous homeowners obligated to file a claim on their insurance? That is the only advice I have been given from my insurance company is to have them file, After speaking with the previous owners they are not willing to file. Where do I go from here?

Asked on 6/30/10, 1:51 pm

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Legally I'm not sure of the answer but from your standpoint, there is probably a paragraph in your contract titled risk of loss which is what I would use if you were my client. You may want to hire an attorney to write a letter to the sellers demanding they make a claim. Otherwise, your option would be to sue the sellers - then they would make a claim.

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Answered on 7/01/10, 5:01 am

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