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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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There was a flood in my unit due to a malfunctioning washer

Customer Question

There was a flood in my unit due to a malfunctioning washer (which was deemed OK they day before by Sears). Unfortunately, the former HOA had disconnected my floodstop, saying they didn't work, so there was nothing in place to stop the flooding.
My Homeowner's insurance has told me that the HOA's insurance is responsible for my damage, but cannot point to me where in the CC&Rs it says so.
I'm terrified that they will deny the claim downstairs, leaving me on the hook for 100% of everything. I don't know where to turn for help, or where I can find an attorney I can even afford...
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 4 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.

Is there a specific question with which I could assist?

Customer: replied 4 months ago.
I'd like to cancel this transaction
Customer: replied 4 months ago.
Since you've already charged me, why don't you answer the question I asked
Customer: replied 4 months ago.
You're not interested in files, or anything else. I can't believe that the BBB doesn't list you all as a scam--where's the
"you'll only be charged $45 if you're happy with your answer"
Expert:  Dwayne B. replied 4 months ago.

There is no question showing. If you will review the area above, you list some facts but do not ask a question.

I can certainly ask the moderators to cancel this but this is not a scam website, we have thousands and thousands of satisfied customers. However, you have to ask a question before I can give you an answer.

Customer: replied 4 months ago.
unfortunately, I can't upload the CC&Rs (too large), and my Homeowner's policy says they are responsible--but won't point to where in the CCRs it says this, but I've uploaded my condo policy. I feel that Sears is responsible--but don't know if I should attempt contacting their CEO, or simply filing a claim in small claim's court. I know the guy downstairs is going to sue me (I've been the claim will be denied)....I'm lost, terrified and don't know where to even find a reputable attorney to help me
Expert:  Dwayne B. replied 4 months ago.

I'm sorry, you still didn't ask a question. I know you're upset and a little worried and I'm here to assist you, but this works better if you ask a specific question. I'll go ahead and provide some information that may assist but if you have specific questions please ask.

First, to find a lawyer go to and in the section for Area of Practice enter "Civil Litigation". You'll find a lawyer there that can assist.

There is no need to try and contact Sears CEO, you'll never get an answer back. You can ask for Sears "Claims" department and they will usually tell you how to file a claim with them.

I have read your insurance policy and it does not provide protection for this incident. If you look on p. 7, paragraph 13, that states it won't cover damages when the loss is due to water escaping from an appliance. Also, on p 5 Coverage A it states that this policy only covers your residence.

So, what you need to do is find a lawyer to represent you, they will contact Sears and turn in a claim and then may try to make a claim under the insurance policy as well if they spot any loopholes. If the other owner sues you then they will defend you and attempt to place the blame on Sears (which shouldn't be hard) by adding them in as a cross claim.

Please ask any follow ups in this thread.

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