Who is liable and do I have a case?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who is liable and do I have a case?

Our home had extensive damages 18 months ago and had to be almost
completely rebuilt. We did so through an insurance claim. The renovation
company that was contracted by the insurance company informed us that the
work was completed and the house was put on the market to be sold.
The potential buyer had a home inspection done and we learned that much of
the renovation work was never completed. The renovation company agreed
to return and finish the job. A second inspection was scheduled and again
failed due to incomplete work by the renovation company.
Now the potential buyer wants to walk away.
What can we do?

Asked on July 25, 2017 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there was an inspection contingency in the contract, then the buer can walk away if there are significant issues. You can potentially sue the renovation company based on some or all of --
* Fraud, or misrepresenting (lying about) what they could or would do;
* Breach of contract (violating their agreement as to what they would do)--though if the contract was directly with the insurer, not you, you will not be able to sue on this ground, since you were not a party to the contract;
* Professional negligence (turning in unprofessionally careless work)
--in order to recover your losses, such as the money spent on the failed sale, the extra carrying costs for having to maintain and pay for the property for extra months until the next sale, and the cost to have someone properly redo the work. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption