If a tree trimming accident causes damages to the neighbor’s roof, amI also responsible for a change in resale value to his home?

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If a tree trimming accident causes damages to the neighbor’s roof, amI also responsible for a change in resale value to his home?

A tree trimmer cut down a rotten tree on our property. He told us he was insured and bonded. He was not. A branch from the tree damaged the neighbor’s roof. The tree trimmer is not likely to be able to pay any damages. We have offered to pay for the roof damage. BUT the neighbor is trying to sell his home and says we should compensate him for lost resale value. Are we on the hook for loss in resale value?

Asked on August 26, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

How is there a loss in resale value if you repair the roof prior to resale? Is he going to use a roofer who will guarantee the roof and the repair?  The how is he going to prove that issue? I think that if you offer to repair the roof - offer to get the estimates as well from licensed and reputable roofers in your area - and you pay for the repair then there is no issue as to resale.  Is he saying that he had an roofer that was lost because of the subsequent damage?  I would check with a real estate attorney in your area but I think that if you make the effort to correct the problem and do so without cutting corners all is well.  And don't forget to sue the tree trimmer.  Good luck.


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