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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33781
Experience:  15 years real estate, Realtor. Landlord 26 years
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We have just bought a rental property that has a outdoor hot

Customer Question

We have just bought a rental property that has a outdoor hot tub. I was going to have it removed because I did not want any liability issues. The tenant offered to purchase the hot tub from us. Would we still have liability issues if we no longer are the owners of the hot tub. We live in Nebraska if that makes any difference.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Would we still have liability issues if we no longer are the owners of the hot tub.

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Generally no. If you sell it, then it is considered their personal property and if someone was injured while in it, then they can sue the owner of the hot tub for damages, not you. The only way I can see you still being liable is if there was something defective with the installation and someone got electrocuted for example. That wouldn't relate to the hot tub, but rather the electrical service and installation.

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So if you are going to sell it, make sure to get it in writing stating that they are the legal owners of the hot tub and file that contract away with their rental agreement for potential future use. I would also have them sign a "waiver and hold harmless" agreement stating that they accept full responsibility for the use and operation of the hot tub and any accompanying liability.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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