- This topic has 3 replies, 4 voices, and was last updated 4 months, 2 weeks ago by .
-
Topic
-
We have had a water leak from upstairs as an ongoing issue for 2 years now. The leak was determined to not be a strata/owners corp issue and upstairs owner is liable.
The leak has finally been resolved, and the upstairs owner has said he will repair the damage to our apartment. I have not seen anything in writing from him directly, but his real estate agent (it was rented out) has said in writing that he has agreed to the repairs.
What may complicate this, is the owner has listed the property for sale. If repairs haven’t been completed by the time he sells, does responsibility lie with the new owners or with the current owner personally?
I have asked the real estate agent to have the current owner confirm in writing that he will take responsibility for the repairs, but I’m not sure what else to do here.
If it would pass to the new owners, I would think it reasonable to advise the selling agent so new buyers are aware since agent has duty to disclose if buyer enquires about any known problems, and it may prompt him to fix it. It is also a pretty crappy thing to sell to someone knowing there are repairs due.
At the same time, I don’t want to negatively impact sales price by advising the agent in case that then opens me to being sued.
- This topic was modified 5 months ago by .
-
Replies
-
The leak has finally been resolved, and the upstairs owner has said he will repair the damage to our apartment. I have not seen anything in writing from him directly, but his real estate agent (it was rented out) has said in writing that he has agreed to the repairs.
I would send them a bill for the repairs with a fairly short “pay by” date. If they don’t pay, you could consider starting proceedings at a small claims court.
That said, when owners are trying to sell, they don’t want any loose ends lying around that may affect the sale, so they are likely to clear the debt rather than have awkward questions being asked.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
1) Get your strata committee to organise a strata committee meeting asap.
2) List the history of the leak in the agenda of a meeting.
3) Publish the minutes of the meeting ASAP.
4) Add a copy of the documents to the strata record which any owner will come across when doing a strata search.
5) Assuming you have contents insurance, call your insurer and ask for guidance. Maybe they will repair
your damage and they will go after the unit that caused the leak. If so, that’ll be a great solution.
6) Your idea of advising the agent is not, I feel, the best way to handle this. Agents will often follow the paperwork, ie minutes of meetings; letters of demand etc. Not so much comments from a neighbour.
Just my 2c
There is a Latin saying: caveat emptor! Which means “buyer beware”. The property can be sold with multiple defects without the new owner knowing and the vendor not revealing this.
- You must be logged in to reply to this topic.