How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32368
Experience:  Began practicing law in 1992
11068102
Type Your Real Estate Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

A contractor installed my bathtub and did not reconnect the

Customer Question

A contractor installed my bathtub and did not reconnect the drainline, I think. I just bought the unit. and did updates. the neighbor downstairs has a leak over the bathtub now that I have moved in 2 weeks ago. The ceiling is slightly hanging. I had a plumber repaire my drainline immediatey. the contractor has not responded since I called him and told him of this problem. Am I responsible to fix mine and their probably now? Can I sue the contractor or put a judgment on him or lien on his home if he has one?Or is the HOA responsible since I did not know of this problem. Or could the leak have occurred over time?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 7 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Please be patient when waiting for a response. I may be looking something up, typing the response, or busy with something else and sometimes it takes a while to respond. Am I responsible to fix mine and their probably now?If this was as a result of work you had done then the downstairs neighbor can sue you for the damage unless you make the repairs. If they do, then you can "cross claim" against the contractor for the damages. Or you can make the repair and then sue the contractor for anything you spent correcting their error. Can I sue the contractor or put a judgment on him or lien on his home if he has one?Yes, you would sue based on the damages and then the judgment that you receive will act as a lien on his property, including his home. Is the HOA responsible since I did not know of this problem?It's possible, but to know this you would have to have a local lawyer review all of the HOA paperwork. I've see cases where the HOA would be responsible but most of them would not. could the leak have occurred over time?That's really not a question for legal experts. I don't have any idea how the leak could have occurred but almost certainly you could hire an expert who could look at the damage and identify the cause.
Customer: replied 7 months ago.
How much would you charge to handle this case to makr contractor responsible?
Customer: replied 7 months ago.
Need to know how much a case like this would cost. Important to make contractor res.ponsible
Customer: replied 7 months ago.
Are you a TX real estate lawyer or can you recommend one?
Expert:  Dwayne B. replied 7 months ago.
The experts on here aren't allowed to take cases from the website. Also, what you want is a lawyer that does civil litigation, not a real estate lawyer. You can find one at www.lawyers.com. Most attorneys in Texas are going to charge a minimum of a $7500 retainer and possibly up to $10k. However, these are damages you can recover in the case.

Related Real Estate Law Questions