Who is liable for pre-existing damages to a home?
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Who is liable for pre-existing damages to a home?
I sold a home and rented back for 4 weeks. Upon moving out I was able to see
that my bed had done some rubbing damage to the laminate floor. The buyers
accepted home inspection and final walk through prior to purchasing. This minor damage was not visible to anyone, including me until the bed was removed. I was upfront and dealt with numerous other issues prior to the sale being finalized, including 4 k for a plumbing issue that appeared the day after
putting the house under contract. I in no way intentionally hid this from the
buyer. Now they want to use my rent back deposit to cover the damage and/or maybe even ask for more. I thought my security deposit was just for damage done in the weeks I rented back. Am I on the hook for this damage and, if so, to what extent?
Asked on June 19, 2018 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Technically you are not liable for the floor damage, since--
1) As you correctly point out, the deposit was for damage you did during the rent back period, not prior or pre-existing damage; and
2) You were not aware of the damage, and not being aware, did not commit fraud (fraud is a *knowing* misrepesentation, including by nondisclosure, of damage or other issues).
That said, if they don't agree with the above, they could sue you and force you to defend yourself in court; and even though the law is on your side, there's always a chance the other side will win (judges don't 100% of the time follow the law--sometimes they make mistakes). Depending on how much is at stake, it may be worth it to let them have recourse to your deposit to avoid the time and cost (if you get an attorney; or in missing a day of work) of litigation and the chance of losing despite having the better legal position.
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