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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33763
Experience:  Began practicing law in 1992
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I have a question. I live in a 2nd floor condo and have

Customer Question

I have a question. I live in a 2nd floor condo and have neighbor dispute with the lady living downstairs. Right after I bought the unit, water damage was discovered and the downstairs lady had water leaking from ceiling and damaged her unit . They found out it was from the water heater from my unit and it was leaking for months before I bought it and finally leaked through the ceiling downstairs. The former owner never lived in the unit and did not know about it. I filed property insurance claim and fixed my unit but it did not cover the downstairs lady unit since that was not my fault and it was there before I bought it. But the downstairs lady insist that I am responsible for her damage and asking for money. I would like to know exactly who is responsible for the damage. I appreciate your advice. Thanks
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 1 year 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.

It would be the responsibility of the owner before you if the damage was done before you purchased the unit. You wouldn't have done anything wrong that caused the damages and therefore she should be looking to the other owners or the manufacturer of the water heater, not you.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 1 year ago.
I would like to request a release letter to send to the downstairs lady for the same matter.
I offer her $4,000 to help her damage voluntarily although I have no liability regarding this case. Just in order to be on good terms with the neighbor I do not want to be bothered by the lawsuits with all HOA and water heater manufacturer involved.State/Country relating to question: California
Expert:  Dwayne B. replied 1 year ago.

We don't actually prepare or provide documents to customers of the website. If you like I can look online and see if there is one available that you can redo but we're not even allowed to tell you how to redo it.