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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33167
Experience:  17 years of legal experience including real estate law.
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We are being asked to pay some money to help repair a water-damaged

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We are being asked to pay some money to help repair a water-damaged ceiling we just moved out of, based on the belief we must have had water problems in the past. This isn't true, everything was properly disclosed, but it is a very unfortunate coincidence. Regardless of what we LEGALLY have to do, we're considering providing some compensation based on it being the RIGHT thing to do, given we've met them and they're good people. However, by doing so, are we setting some sort of precedent that makes it easier for them to take further action in the future if something else were to happen?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You recently sold this property or were you a tenant?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

I recently sold this property.

I see. Thank you for clarifying that, Aaron.

No, you would not typically be risking liability by making an offer to help pay for the damages as settlement discussions are usually excluded from evidence in order to encourage parties to voluntarily resolve disputes rather than resort to litigation.

In addition, if you made the offer contingent on the fact that you are not admitting liability and that you are making this offer in good faith even though you do no believe you are liable, and request that the buyer sign a release of claims in return for the compensation, that would typically protect you from any further legal action being taken.

A release of claims is normally enforceable and would prevent a party from seeking any legal action, so it actually provides more assurance from future legal action than if you paid them nothing.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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