We had our property rented out through an agent for almost 5 years, now we have the property back and have moved in we noticed the house was on a lean. We had a builder check the house and said the house is safe however the house will have to be jacked as the house has moved from it's foundations and all the piles may need replacing. The most likely cause of the damage was during one of the many earth quakes the lower South Island has experienced. What is the agents responsibility and will we be able to claim insurance?
Informed the agent and contacted a builder.
HiWelcome to JustAnswer. You may well have an insurance claim for the damage. The agents riole is more difficult but if you had a contract in which the agent agreed to look after the property, and maintenance was part of the responsibility in that contract (which I expect it was), then if the agent had any knowledge of the damage, he should have notified you and perhaps put into place some repairs of levelling to stop further damage. The failure to stop the gradual damage may make the agent at least partly liable. It may be that this was gradual and he did not notice, so you should at least question him and perhaps the tenants on this to check how quickly this happened and whether they noticed any change
LLB MMgt FAMINZ 32 years qualified as lawyer
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).